Oregon Attorneys for Division of Marital Property

Property division can be one of the most contentious issues a couple faces when they are parting ways. While each asset in the marital estate must be identified and allocated during the divorce process, property division can significantly impact each spouse’s financial security. At Litowich Law, we understand the economic impact and emotional toll dividing your assets can take. Our attorneys can help ensure a fair division of marital property is achieved — and will work to protect your interests every step of the way.

Understanding the Division of Marital Property in Divorce

Oregon follows the doctrine of equitable distribution when it comes to the division of marital property in divorce. This means a judge would divide marital property between spouses in a way that is deemed fair, not necessarily equal. A judge would evaluate a number of factors to decide how property should be divided, including the length of the marriage, each spouse’s economic contributions to the marriage, the tax implications, and the financial needs of each spouse. A judge would also consider the health, education, and future earning capacity of both parties — as well as the needs of any children of the marriage.

What is Marital Property?

Marital property is characterized as any assets acquired by either spouse during the course of the marriage, regardless of whose name is on the title. It also includes debts in either spouse’s name that were incurred while the couple was married. Marital property is distinct from separate property, which includes property owned by a spouse prior to the marriage, inheritances, gifts from third parties, and personal injury settlements. Separate property is retained by the spouse who originally owned it. Marital property can include a wide range of assets, including the following:
  • The marital home
  • Rental or investment properties
  • Vehicles
  • Checking accounts
  • Savings accounts
  • Retirement accounts
  • Investments
  • Business interests
  • Stock options
  • Furniture, artwork, and collectibles
In some cases, commingling can make division of marital property more complicated. Commingling occurs when separate property is mixed with marital assets, such as when inheritance funds are used to make improvements to the marital home. The experienced divorce attorneys at Litowich Law can help with these intricate matters and work to trace the origins of the property to differentiate separate and marital assets. We can assist you with classifying your property, valuing each asset, and negotiating a fair settlement. We can also help with identifying hidden assets and navigating the complexities of the litigation process if a resolution cannot be reached outside the courtroom. Taking a client-centered approach in each case, our attorneys will listen to your concerns and work to obtain a satisfactory resolution on your behalf.

Using Mediation or the Collaborative Process to Divide Marital Property

Division of marital property doesn’t always need to be decided by a judge in the courtroom. Spouses can determine these issues for themselves using an alternative dispute resolution method, such as mediation or the collaborative divorce process. Both methods allow spouses to remain in control of the outcome of their case and find creative solutions that might not be available in the courtroom.

Mediation

With mediation, a neutral third party helps facilitate healthy and productive communication between the parties. The process can provide a safe and structured environment for spouses to discuss their needs and objectives. Mediation is often more cost-effective and efficient than litigation — and it can reduce the stress that often comes with going to court.

The Collaborative Process

Similarly, the collaborative approach can assist spouses with achieving a mutually agreeable resolution for the division of marital property without judicial intervention. This process uses a team of professionals and financial experts that can be tailored to the needs of the case. For instance, when property division is in dispute, the spouses might bring in appraisers to ensure assets are valued accurately, along with financial specialists who can provide an analysis of the couple’s financial situation. At Litowich Law, our divorce attorneys are not only skilled litigators, but we are also adept at helping clients resolve their matrimonial matters using alternative dispute resolution. We will advise you of your options and work closely with you to find a method to divide your marital property that is right for your situation.

Contact an Experienced Oregon Divorce Attorney

If you are going through the divorce process, it’s essential to have a knowledgeable attorney by your side who can assist you with reaching a favorable resolution when it comes to the division of marital property. At Litowich Law, we are committed to helping clients achieve positive outcomes in their matrimonial matters, whether the results be achieved through litigation, mediation, negotiation, or the collaborative divorce process. Located in Salem, we work with clients throughout Oregon. Call 503-850-7779 or email us to schedule a consultation to learn more about how we can assist you.