Property Division and Divorce

Portland Divorce Lawyer Ronald Allen Johnston Enforces Equality for Fathers

Sale of the houseDuring divorce proceedings, the division of all the things you have accumulated over the period of your married life is both inevitable and difficult. Even more frustrating is the fact that fathers and husbands are sometimes short-changed when courts divide shared property. Portland divorce attorney Ronald Allen Johnston will fight for your property rights in divorce to ensure that you are not left out in the cold.

Property Division in Oregon

Oregon is an “equitable distribution” state for property division in divorce. The courts presume that each spouse made an equal contribution in acquiring property, and Oregon law states that even if your spouse was a homemaker and you were the sole source of household income, she still contributed to acquiring your property because she assisted and enabled you. Courts will determine the total value of property acquired during your marriage and divide it between you and your spouse.

However, “equitable” does not necessarily mean that the division is fair and equal. Before you make any major decisions about dividing your property, contact an experienced Portland divorce lawyer who understands the laws protecting fathers’ rights and wants to fight for fathers.

Oregon Law ORS 107.105(1)(f)

Following is the Oregon law on property division:

  1. Whenever the court renders a judgment of marital annulment, dissolution or separation, the court may provide in the judgment:
  2. (f) For the division or other disposition between the parties of the real or personal property, or both, of either or both of the parties as may be just and proper in all the circumstances. A retirement plan or pension or an interest therein shall be considered as property. The court shall consider the contribution of a spouse as a homemaker as a contribution to the acquisition of marital assets. There is a rebuttable presumption that both spouses have contributed equally to the acquisition of property during the marriage, whether such property is jointly or separately held. Subsequent to the filing of a petition for annulment or dissolution of marriage or separation, the rights of the parties in the marital assets shall be considered a species of co-ownership, and a transfer of marital assets under a judgment of annulment or dissolution of marriage or of separation entered on or after October 4, 1977, shall be considered a partitioning of jointly owned property. The court shall require full disclosure of all assets by the parties in arriving at a just and proper division. In arriving at a just and proper division of property, the court shall consider reasonable costs of sale of assets, taxes and any other costs reasonably anticipated by the parties. If a spouse has been awarded spousal support in lieu of a share of property, the court shall so state on the record and shall order the obligor to provide for and maintain life insurance in an amount commensurate with the obligation and designating the obligee as beneficiary for the duration of the obligation. If the obligor dies prior to the termination of such support and such insurance is not in force, the court may modify the method of payment of spousal support under the judgment or order of support from installments to a lump sum payment to the obligee from the estate of the obligor in an amount commensurate with the present value of the spousal support at the time of death. The obligee or attorney of the obligee shall cause a certified copy of the judgment to be delivered to the life insurance company or companies. If the obligee or the attorney of the obligee delivers a true copy of the judgment to the life insurance company or companies, identifying the policies involved and requesting such notification under this section, the company or companies shall notify the obligee, as beneficiary of the insurance policy, whenever the policyholder takes any action that will change the beneficiary or reduce the benefits of the policy. Either party may request notification by the insurer when premium payments have not been made. If the obligor is ordered to provide for and maintain life insurance, the obligor shall provide to the obligee a true copy of the policy. The obligor shall also provide to the obligee written notice of any action that will reduce the benefits or change the designation of the beneficiaries under the policy.

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