Introduction
Dividing property is a contentious issue in many divorces. It becomes even more complicated if the couple had been separated for a while before the divorce. In Oregon, the property division rules apply to all property acquired during the marriage, regardless of when it was obtained. But how do you divide property acquired during the separation period? This article will explain the legal position in Oregon and provide practical tips on how to handle property division during the separation period.
The Legal Position In Oregon
Oregon is an equitable distribution state, which means that a judge will divide the property equally or equitably between the divorcing spouses. However, equitable does not mean equal, and the judge may consider several factors before dividing the property.
During the separation period, the couple may have acquired property, which can include anything from a car to a new home. The legal position in Oregon is that any property acquired during the separation period is the separate property of the spouse who acquired it. This applies even if the couple did not file for divorce during the separation period.
However, there are exceptions to this rule. If one spouse can prove that they used marital assets to acquire the property during the separation period, the property might be classified as marital property. Marital assets are those assets acquired during the marriage, and they may include income, savings, and other forms of property.
The burden of proof is on the spouse who claims that the property is marital, and they must provide evidence to support their claim.
Practical Tips for Dividing Property Acquired During the Separation Period
If you and your spouse acquired property during the separation period, and you are about to divorce, here are some practical tips on how to handle property division:
1. Try Mediation
Mediation is a process where a neutral third party, called a mediator, helps the couple to discuss and negotiate property division. Mediation is cheaper and faster than a court trial, and it is less formal. It allows the couple to reach a mutually beneficial agreement and avoid the stress and expense of litigation.
2. Hire An Oregon Divorce Attorney
Consulting an experienced divorce attorney is important to ensure that you understand your legal rights and obligations. An attorney can help to review your case, provide legal advice, and represent you in court. They can also help to negotiate with your spouse’s attorney to reach a settlement agreement.
3. Keep Good Records
Keeping good records can help to prove that the property was acquired during the separation period and who paid for it. You should keep receipts, bills, bank statements, and any other documents that can help you to prove your case.
4. Be Willing To Compromise
Property division can be an emotionally charged issue, but it is important to approach it with a level head. Be willing to compromise and find a fair solution that works for both of you. Remember that no one wins in a divorce, and it is better to part ways amicably.
Conclusion
Divorce can be a difficult and emotional process, and property division can make it even more complicated. If you and your spouse acquired property during the separation period, it is important to understand your legal position in Oregon and seek legal advice. Remember to keep good records and consider mediation or compromise to avoid the stress of litigation.