Ronald Johnston, one of the most venerated Beaverton OR family law attorneys, answers a lot of questions about divorce, family law, and child custody matters. One of the questions he frequently answers is “How does Oregon divide property in a divorce?”
In Oregon, courts divide property in an “equitable distribution.” That doesn’t necessarily mean each party will receive an equal share. It means each party will receive a fair share.
In determining “equitable distribution,” sometimes referred to as “just and proper in all the circumstances,” Oregon courts consider each spouse’s contribution.
The court’s “starting point” when determining “equitable distribution” is the presumption that both spouses contributed equally to all property acquired during the marriage.
This contribution can be monetary, in the form of income and/or wages. It can also be through labor, in the form of maintaining and/or repairing a home. Oregon courts also give weight to homemakers.
“Equitable distribution” is what happens when your divorce case goes to trial. If you reach an agreement with your future ex-spouse, you’ll sign a Marital Settlement Agreement. The court will adopt that agreement into a Decree of Dissolution of Marriage.