Portland Asset & Property Division Lawyer
Protecting Your Property During Divorce
One of the most heated legal issues involved in
divorce is typically the division of marital assets and property. Oregon is an
equitable distribution state, which means that all property acquired by
either spouse during marriage is considered to be marital property and
must be fairly distributed between the two parties in divorce. This may
include things like the marital home, cash, work benefits, retirement
accounts, stocks, vehicles, insurance, and other assets.
Negotiations or divorce mediation could allow the two parties to come to
their own agreement regarding a settlement and the division of their property.
If the two parties cannot agree, they must go to court where a family
law judge will make the decision for them. In making their final decision,
the judge will consider a number of factors, including but not limited to:
- The income earning power of each spouse
- The age and overall health of each spouse
- The degree to which each spouse contributed to the acquisition of marital property
- The degree to which each spouse contributed to the education and earning
power of the other spouse
- The value of each spouse’s separate property
- The future financial needs and liabilities of each spouse
- Any premarital agreements
- Any spousal maintenance obligations
Marital Property vs. Separate Property
Assets are either considered separate property or marital property when
it comes to equitable distribution. As their names suggest, separate property
is property acquired before the marriage, such as property received as
a gift or through an inheritance. Marital property, on the other hand,
is property that was acquired during the marriage and using joint funds.
At divorce, all marital property must be divided, and separate property
may be considered too if necessary to achieve an equitable distribution.
Even though Oregon is an equitable distribution state, marital property
is unequally distributed quite frequently. Anyone who is facing divorce
needs an experienced
Portland divorce lawyer by their side, especially if the client has extensive property and assets.
McKinley Irvin has handled numerous high-asset divorce cases with outstanding
results. Our attorneys can protect your interests in the division of your
marital property. We can also protect your separate property (which belongs
solely to you) from being wrongfully divided or distributed in divorce.
Consider that even separate property, or property that belonged solely
to one spouse prior to the marriage, may be divisible in a divorce if
the property appreciated in value through the use of marital funds. It
is important to work with an attorney who can navigate you through the
complexities of the law and ensure that your best interests are protected.
Consult with a Portland Divorce Attorney
A lawyer from McKinley Irvin can represent you in family court if you need
to fight for fair division of your marital property. We are also experienced
negotiators and can help you and your spouse come to your own amicable
agreement. Our attorneys are trustworthy and highly experienced—several
also have backgrounds in business law, accounting, and other useful areas.
Request a consultation to learn more about how we can handle your case. We are licensed in both
Oregon and Washington and can represent clients in Portland, Vancouver,
and surrounding locations.