Legal Question in Family Law in Oregon

Asset Split in Divorce

Man and woman marry. He brings in $100,000 Cash. She brings in $200,000 brokerage account, $100,000 in rental units, and $100,000 cash. Then HER cash ($100,000)is used to buy their home, and HIS cash ($100,000, his entire asset base) is used to live on. They live together in marriage less than 4 years and divorce. They've used up all his cash (in addition to them both earning the same amount in wages, and spending it). They sell the house they bought with her cash. She takes her $100,000 equity out of the house upon its sale and they split the appreciation. Querry: Does he have any claim to anything beyond his share of the appreciation of the house upon sale?


Asked on 5/19/06, 11:49 am

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Asset Split in Divorce

YOUR QUESTION:

Man and woman marry. He brings in $100,000 Cash. She brings in $200,000 brokerage account, $100,000 in rental units, and $100,000 cash. Then HER cash ($100,000)is used to buy their home, and HIS cash ($100,000, his entire asset base) is used to live on. They live together in marriage less than 4 years and divorce. They've used up all his cash (in addition to them both earning the same amount in wages, and spending it). They sell the house they bought with her cash. She takes her $100,000 equity out of the house upon its sale and they split the appreciation. Querry: Does he have any claim to anything beyond his share of the appreciation of the house upon sale?

ANSWER:

Yes, most likely he does.

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Answered on 5/19/06, 2:33 pm


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