PROPERTY & DEBT DIVISION

Oregon is not a community property state. Oregon law provides that in any divorce the party’s property and debts shall be “just and proper in all circumstances”. ORS 107.105. The obvious question then is what is “Just and Proper”? Many people mistakenly think that this means “half”. Although the court will often divide many divorcing parties property in half, no one should just assume that this is what will happen in their case.

Any case dealing with property issues involves a three step process:

1. Determine all the property belonging to the parties. This is not as easy as it appears, and many people mistakenly think that if the asset is titled in the other person’s name it is not subject to division of the court. Generally property acquired during the course of a marriage, such as a car or retirement account, is considered a marital asset regardless of how the asset is titled. In other words just because your name is not on the asset does not mean that the court will not award you all of part of that asset.
   
   
2. Determine the value of the property. There is not rule in determining the value of a specific item, and in many cases the court will rely on expert witnesses to make that determination.
   
   
3. Divide the property. Although there are guidelines for the court to follow in dividing assets, the basis principle the court will follow is “Just and Proper”.

If assets or debts are at issue in your divorce you should consult with an experienced family law attorney.