What Happens in a Divorce if My Spouse/Partner Has All The Property in Their Name?
Oregon is an equitable distribution state. The distribution is not always an equal split. In a case to dissolve a marriage or registered domestic partnership, the court divides and distributes marital property based on what it deems fair and equitable. The court applies certain factors to assign assets to the spouses.
The spouses must fully disclose all of their assets to the court. The judge then determines whether an asset is considered separate or marital property. Separate property is property acquired before marriage and property acquired during the marriage as a gift to one spouse, through a will, or by inheritance. Each spouse retains the ownership of their separate property.
Marital property is property acquired during the marriage regardless of whether it is in the name of one or both spouses. If one spouse or partner has all of the marital property in their name, the other spouse still may receive ownership of the property by equitable distribution. Separate property can become marital property if the marriage funds significantly contribute to maintaining the asset.
The judge may apply factors to determine how to divide and distribute the marital assets, such as:
- Contribution of one spouse as a homemaker to the acquisition of the marital assets,
- Retirement or pensions plans,
- The presumption that both spouses contributed equally to acquiring the property,
- Costs of selling the assets,
- Tax liability after property distribution; and
- Other costs associated with the property are received by the equitable distribution.
The judgment for the dissolution of the marriage is a court order that outlines the divorce terms that the spouses must follow. The order includes the distribution of the marital and separate property. The judge may distribute property owned or titled in one spouse’s name to the other spouse. The new owner of the property may transfer the title to themselves.
Other Divorce Frequently Asked Questions
- Can I File For Divorce In Oregon If I Don’t Know Where My Spouse Is?
- Can My Spouse Keep My Children From Me While Our Oregon Divorce Is Pending?
- Do I Have To Move Out Of My Home During A Divorce?
- Do Stepparents Have Rights In An Oregon Divorce?
- Do You Have To Go To Court To Get A Divorce?
- Does A Non-Custodial Parent Automatically Have Parenting Time After An Oregon Divorce?
- Does It Matter Who Files For Divorce First In Oregon?
- How Do Courts Determine Child Custody in an Oregon Divorce?
- How Do I File For Divorce In Portland?
- How Do I Make Sure My Assets Are Kept Safe From My Ex-Spouse?
- How Do I Separate From My Spouse?
- How Does Divorce Impact Financial Aid For My Child’s College Education?
- How Does The Process Of Serving Divorce Papers Work?
- How Is Debt Divided During Divorce?
- How Is Property Divided During Divorce?
- How Long Do You Have To Be Separated To Get A Divorce?
- How Long Does It Take To Get A Divorce?
- How Much Does A Divorce Cost?
- How To Start A Divorce Conversation?
- How To Start A Divorce Process?
- Is It True That I Will Need To Complete A Parenting Class Before The Court Finalizes My Divorce?
- Is There A Waiting Period Before A Divorce Is Granted In Oregon?
- Should I Move Out During The Divorce?
- What Am I Not Allowed to Do During a Divorce?
- What Are The Grounds For Granting A Divorce In Oregon? Do I Have To Prove That My Spouse Did Something Wrong?
- What Do I Ask A Divorce Attorney in Oregon?
- What Documents Do I Need To Bring To A Divorce Lawyer?
- What Does a Collaborative Divorce Mean for Oregon Parents?
- What Happens After I File For Divorce In Portland?
- What Happens in a Divorce if My Spouse/Partner Has All the Debt in Their Name?
- What Happens in a Divorce if My Spouse/Partner Has All the Property in Their Name?
- What Happens To My Art Collection If I Get Divorced In Oregon?
- What Happens To My Boat If I Get Divorced In Oregon?
- What Happens to My Retirement Account if I Get a Divorce in Oregon?
- What Happens To My Vacation Home If I Get Divorced In Oregon?
- What Is A No-Fault Divorce?
- What Is Considered Grounds For Divorce In Portland?
- What Is Separation?
- What Is The Process For A Divorce?
- Why Should I Contact A Divorce Lawyer Before Filing?
- Why Would The Court Reject My Divorce Paperwork?
- Will My Spouse Get My Inheritance After We Divorce?
- Will Obtaining A Restraining Order Against My Spouse Help Me In My Divorce?