PORTLAND OREGON DIVORCE LAWYER – PROPERTY DIVISION

Over the course of a marriage, no matter the length, the marriage will have accumulated property. These financial matters, especially in high asset divorces, are often the most litigated and contested issue in a divorce only proceeded by the issues of child custody and child support. While each situation is different, some marriage mates may have been the primary breadwinners and other may have supported the family while staying at home with the children. Each spouse has contributed to the marriage and finances of the family in some manner and wants to see their contribution and investment recognized. Regardless of your status, Oregon laws regulating how proper the marital estate will be separated in a just and fair manner.

The attorney at Gzik Law can assist and help you with the challenges you face during your current divorce and help you secure your share of property and assets you deserve through the process.

DIVIDING PROPERTY: ASSETS AND DEBTS

During the divorce, we will investigation your finances both individually and as a married couple. Often this requires using a forensic accountant or other expert, especially in high asset divorces, that will carefully look for hidden assets. Once all items are found and assessed, the family law attorney at Gzik Law, PC will work hard to mediate and/or negotiate your matter in a manner you are willing to live with when any of the following items are at stake during your Oregon divorce:

• Real estate – primary home, vacation home, retirement home, rental properties, and other developed or undeveloped land
• Retirement income, IRA accounts,
• Stocks, stock options and bonds,
• Bank accounts,
• Inheritances, and
• Vehicles, RV’s

If the other party is unwilling to actively participate in mediation or negotiation, the divorce lawyer at Gzik Law, PC is willing to litigate your matter to ensure your rights are protected.

CHARACTERIZING THE ASSET OR DEBT

The first step in any divorce in Oregon that involves a property dispute is to properly classify each debt or asset by:

• Characterizing each individual asset and debt as marital or separate (non-marital) property;
• Valuing each asset or debt; and
• Dividing each asset and debt between the parties

Once each asset or debt is properly identified and classified, the next step is to balance the division of items to ensure the outcome is equitable. This includes any spousal support or child support needs.

JUST AND PROPER DIVISION STANDARD

Oregon is a state that divides property by the equitable distribution doctrine. This doctrine has the overarching theme of “just and proper”. This means that the courts look to make the most fair division of property and debt, not always the most equal.

MARITAL PROPERTY VERSUS NON-MARITAL PROPERTY

One of the most hotly contested areas of a dissolution relates to property division and determining if the item is a marital asset or separate property altogether. While both parties in a divorce or separation proceeding are required to fully disclose all property relating to the marriage, problems can arise when individuals attempt to hide assets or fail to disclose assets believing that they are separate from the martial estate. Regardless, once all assets have been identified through discovery, a lawyer will be able to guide the analysis of whether the items in question are marital property or simply marital assets by applying the proper Oregon divorce laws relating to property division. Often, this is a fact specific endeavor that requires close examination of how the item in question came into the marriage and how the item was treated during the marriage. If you have any question about your marital property rights, an attorney will be able to review the item and properly apply the relevant Oregon divorce law to assist with a prompt resolution of the matter.

COSTS AND ATTORNEY FEES

Gzik Law, PC offers family law initial consultations for a flat-fee of $100.00. During the initial consultation, we will discuss the issues relating to your divorce and the potential fees and costs associated with each step.

Gzik Law, PC is proud to serve the entire Portland Oregon Metropolitan area, including Portland, Hillsboro, Beaverton, Bethany, Tigard, Lake Oswego, Milwaukie, Forest Grove, Scappoose, McMinnville, Cornelius,  Gresham, West Linn, and Oregon City.