Legal Question in Family Law in Oregon

Is This Community Property?

While we were married and living in Washington my husband and his brother were given property by a deceased relative's will. We now live in Oregon, the property is in Washington and for sale. Am I entitled to a portion of the sale if I divorce? If the property hasn't sold and we divorce, am I entitled to any of it? We have been married for 35 years, received the property about 15 years ago and property taxes have been the only expense. I believe the property is listed with only the brothers as owners and does not include the wives' names.


Asked on 1/06/06, 9:30 am

1 Answer from Attorneys
Daniel Margolin Stephens Margolin, P.C.

Re: Is This Community Property?

The division of inhereited assets in a marriage is often a very emotionally charged subject. Generally, an inherited asset is considered marital property and is subject to division in a divorce. However, the presumptive status of a gift or an inheritance as a marital asset can be rebutted by a finding that the recipient spouse acquired the property free from any contribution of the other spouse, or that the other spouse was not the object of the donor's intent.

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Answered on 1/06/06, 10:15 am


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