Legal Question in Family Law in Oregon
I live in Oregon. I have been married for eighteen years. We have owned our house for eighteen years. It was bought in my wife's name for financial reasons. My wife is claiming I have no right to the house. Do I?
1 Answer from Attorneys
ANSWER:
Your wife is WRONG. Under Oregon divorce law, ORS 107.105(1)(f), when the court renders a judgment dissolving a marriage, the court may provide "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."
Further, "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 coownership, 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 "
In sum, for divorce purposes under Oregon law, the house is deemed and treated and presumed to be JOINT PROPERTY even though titled in the name of one spouse alone.
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LAWRENCE D. GORIN
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