Division of Separate Property in Oregon Divorces or Dissolution of Registered "Domestic Partnerships"
When negotiating property division in divorces or dissolution of registered "domestic partnerships," often the parties argue fiercely that certain items should not be considered marital property and divisible. When relationships end, what is subject to division and what is not? With the assistance and advocacy of an experienced attorney, you will be able to determine how the court is likely to view the various assets and liabilities at issue in your case.
Jensen & Leiberan, Attorneys at Law, serve the divorce and family law needs of Oregon residents in the Portland Metro area and throughout the Willamette Valley. Contact us for a consultation with an experienced attorney
Determining Rights to Separate Property
An area of property division that is most volatile is determining what is a marital asset and what is separate property, especially in regard to gifts and inheritances received during the marriage or registered "domestic partnership." In Oregon, there is a presumption that gifts received by either party during the marriage or registered "domestic partnerships" belong to both parties. However, this presumption is rebuttable.
If a person received a significant inheritance or gift and can prove by testimony that the giver's intent was for him or her to maintain sole ownership, courts may consider it exempt from division in a divorce proceeding or in a dissolution of registered "domestic partnership. However, if the tangible or monetary gift became an integral part of the marital estate, regardless of intent, courts may rule it a distributable asset. In these cases, asking the right questions or calling the right witness at a hearing can be crucial to your case.
Action Proves Intention
For couples divorcing after a second marriage or registered "domestic partnership," the matter of interest in assets and liabilities can be even more complicated. Is separately incurred debt divided between both parties? Are large assets equally divided? More and more questions tend to manifest: If one party sold his/her home and moved into the spouse's /partner's home, does he or she now share interest in the property? Who claims ownership? Who has interest in the equity built by one spouse/partner before the other joined the family or moved in?
In Oregon courts, the judicial system views action as intention. When looking at division of bank accounts and financial matters, the court determines intention to maintain separate property based on many factors such as whether both partners/spouses were named on the mortgage; if both parties contributed to the mortgage payments; if their finances were melded together into joint bank accounts; and whether the parties' finances were managed as part of a joint retirement plan.
Contact Us
At Jensen & Leiberan, we represent parties in divorce or dissolution of a registered "domestic partnership" who are attempting to protect what they consider to be their separate assets and parties who believe they are entitled two some portion of a separate asset. We help you understand the law that underlies distribution of assets and debts so that you can make good judgments about how to settle or litigate your case. Our goal is to protect our clients' interests and rights to a fair and equitable division. To speak with an experienced Portland lawyer, contact our firm to schedule a consultation.
