What is the law regarding division of property?
In Oregon, there is a presumption that each spouse contributed equally to the assets of the marriage. This means that, absent evidence to the contrary (rebuttal evidence), each spouse will receive an equal share of the assets. A homemaker’s contribution (domestic duties, child care, etc.) will be considered as making both parties equally responsible for the acquisition of assets. A party may present evidence challenging the presumption of equal contribution by, for example, proving that specific assets were received by only one spouse as a gift or inheritance or without any contribution from the other spouse, however, the examination does not end there. Even if that presumption has been rebutted, a court can still divide the asset to be fair. That is because Oregon law requires that the court divide the assets to produce a “just and proper” result under the circumstances of the case. Some of the things the court considers are the length of the marriage, the amount of property brought i
