Oregon Marital Property Division Guide

Oregon follows the equitable distribution model when dividing property in divorce. Under ORS 107.105, courts must divide property in a way that is "just and proper" given the circumstances—which doesn't always mean equal. A key feature of Oregon law is the rebuttable presumption that both spouses contributed equally to acquiring marital property. Understanding these rules is essential whether you're pursuing an uncontested or contested divorce.

The Equal Contribution Presumption

Oregon law presumes that both spouses contributed equally to the acquisition of property during the marriage—whether that property is jointly or separately held. This means:

• Monetary contributions (income, investments) are valued equally
• Non-monetary contributions (homemaking, childcare) count the same as financial efforts
• The presumption applies regardless of whose name is on the title

This presumption can be rebutted—but only by proving the other spouse didn't provide a "supportive environment." Simply earning more money doesn't overcome the presumption.

What Remains Separate Property?

The only assets excluded from the equal contribution presumption are gifts to one spouse that were always kept separate. Oregon law defines "gifts" broadly to include:

• Inheritances (devise, bequest)
• Property received by operation of law
• Beneficiary designations
• Traditional gifts from third parties to one spouse

However, even inherited property is part of the marital estate—the court determines what division is "just and proper" in all circumstances. If you commingled inherited funds with marital assets, the separate character may be lost.

Factors Courts Consider

Oregon courts evaluate multiple factors when dividing property:

• Amount and value of property
• Reasonable costs if assets must be sold
• Tax consequences of the division
• Anticipated expenses like medical bills or children's needs
• Retirement plans and pensions
• Each spouse's contributions as homemaker

Importantly, Oregon is a no-fault state for property division. Courts will not consider whose behavior caused the marriage to fail when dividing assets.

The "Just and Proper" Standard

Unlike some states that aim for 50/50 splits, Oregon requires only that the division be "just and proper." This gives courts significant flexibility. A fair division might be:

• 50/50 in many cases
• 60/40 or other ratios based on circumstances
• Asset-specific allocations (one spouse gets the house, the other gets retirement accounts)

Learn more about who gets the house in a divorce.

Protecting Your Interests

To maintain the separate character of gifts and inheritances:

• Keep inherited assets in separate accounts
• Avoid commingling with marital funds
• Document the source of separate property
• Consider a prenuptial or postnuptial agreement

Estimate Your Oregon Divorce Costs

Property division complexity affects overall divorce costs. Use our calculator for a personalized estimate:

Next Steps

Understanding Oregon's equitable distribution system is essential for protecting your financial interests. Key takeaways:

• Oregon presumes equal contribution to marital property
• Non-monetary contributions (homemaking) count equally
• Courts divide property in a "just and proper" manner
• Fault doesn't affect property division
• Gifts and inheritances kept separate may remain separate

For official forms and court information, visit the Oregon Judicial Department. Review the Oregon divorce timeline to understand the process. Consulting with an Oregon family law attorney is recommended for divorces involving significant assets.