Oregon is a marital property state

Under Oregon divorce law, nearly all property accumulated during the course of a marriage is considered “marital” property. This means that in the state of Oregon, generally speaking,property acquired during marriage is presumed under Oregon law to belong to each spouse equally.

Marital Property vs. Separate Property

Chapter 107 of the Oregon Revised Statutes outlines what is considered separate property and what is considered marital property. In order for something to be considered the separate property of one spouse, the spouse claiming the property must prove that the property is his or her separate property. The court will presume that all property is marital property, unless it is proven otherwise.

Oregon Community Property Law

Sec. 7.001. GENERAL RULE OF PROPERTY DIVISION. In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.

Courtesy of: Oregon Constitution and Statutes

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Oregon Law: Community Property & Separate Property

Sec. 3.001. SEPARATE PROPERTY. A spouse's separate property consists of:

  1. (1) the property owned or claimed by the spouse before marriage;
  2. (2) the property acquired by the spouse during marriage by gift, devise, or descent; and
  3. (3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 3.002. COMMUNITY PROPERTY. Community property consists of the property, other than separate property, acquired by either spouse during marriage.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 3.003. PRESUMPTION OF COMMUNITY PROPERTY.

  • (a) Property possessed by either spouse during or on dissolution of marriage is presumed to be community property.
  • (b) The degree of proof necessary to establish that property is separate property is clear and convincing evidence.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Courtesy of: Oregon Constitution and Statutes

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