Legal Question in Family Law in Oregon

Re: inheritated money is this com propertyin divorce

QUESTION:

i have received money in inheritated money and am now getting a divorce- is this money community property?

ANSWER:

Depends on a number of various factors. For example, was the inherited money placed in a separate account under the sole name of the donee spouse? Or was it deposited into a joint account? Has the money been coomingled with the common financial affairs of the family? Or has it been kept segregated and isolated and under the exclusive management of only the donee spouse? Was the non-donee spouse, although not a name beneficiary, nonetheless an object of the donor's intent? And still other questions too lengthy to detail here.

Ultimately, under Oregon law, ALL property (including inheritances) received during the marriage is initially presumed and deemed as "marital property" and thus subject to division between the spouses upon divorce, it being presumed that both spouses have equally contributed to its acquisition. It is, however, a rebuttal presumption. If evidence is introduced at trial sufficient to rebut the presumption, the inherited property, to the extent not commingled, may be deemed and treated as the separate property of the recipient spouse.

Best advice: Seek competent legal advice.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

503.224.8884

E-mail: [email protected]