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What is so great about marriage and divorce?

Owned property before marriage, and now there is a house on it. who gets what during divorce settlement?

  • My Dad is going to be getting a divorce from my step mother. When they origianlly married, that property of 5 acres was paid in full. It had a double wide trailer on it. In 1999 they built a log home. My question is. When going through the mediation for divorce. Is the property my Dad's since he owned it out right before the marriage. This is Oregon, so please answer according to Oregon Law. I was unable to find info on it.

  • Answer:

    It would probably go to your Dad, but he'd have to give up something to cover the share that she put in to have the house built (even if she didn't, the law says she does.)

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"Oregon is an equitable distribution state, and fault is not a consideration when dividing the marital estate. Retirement plans shall be considered part of the marital estate, and the court shall consider the contribution of a spouse as a homemaker as a contribution to the acquisition of marital assets. The court presumes that both spouses have contributed equally to the acquisition of property during the marriage, whether such property is jointly or separately held, and thus should be divided equitably. In arriving at a just and proper division of property, the court shall consider reasonable costs of sale of assets, taxes and any other costs reasonably anticipated by the parties. If spousal support is awarded in lieu of a share of property, the court shall order the obligor to provide for and maintain life insurance in an amount commensurate with the obligation and designating the recipient as beneficiary for the duration of the obligation. In determining the proper division of property, the court may consider evidence of the tax consequences on the parties of its proposed judgment. "

jaker

"Oregon is an equitable distribution state, and fault is not a consideration when dividing the marital estate. Retirement plans shall be considered part of the marital estate, and the court shall consider the contribution of a spouse as a homemaker as a contribution to the acquisition of marital assets. The court presumes that both spouses have contributed equally to the acquisition of property during the marriage, whether such property is jointly or separately held, and thus should be divided equitably. In arriving at a just and proper division of property, the court shall consider reasonable costs of sale of assets, taxes and any other costs reasonably anticipated by the parties. If spousal support is awarded in lieu of a share of property, the court shall order the obligor to provide for and maintain life insurance in an amount commensurate with the obligation and designating the recipient as beneficiary for the duration of the obligation. In determining the proper division of property, the court may consider evidence of the tax consequences on the parties of its proposed judgment. "

jaker

It would probably go to your Dad, but he'd have to give up something to cover the share that she put in to have the house built (even if she didn't, the law says she does.)

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