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Property Division Archives

Is all property eligible for division in a divorce?

Whether you are currently deep within the divorce process or you have just started filing papers, it is critical to have a firm understanding of property division. Although all factors in a divorce are important, property division may be one of the most intense issues. You may have grown attached to certain items during years of marriage, and it can be difficult to separate that property. You may be pleased to know that not all items are eligible for division in the divorce settlement. While marital property is considered divisible and may be distributed in a fair and equitable fashion, separate property may stay with the original owner even after the divorce is finalized.

What constitutes a fair and equitable property settlement?

When you go through your Oregon divorce, you likely will discover that the property settlement negotiations between you and your about-to-be ex-spouse will consume a good amount of time. Even assuming that both you and (s)he are fair-minded adults, neither of whom wants to deprive the other of what rightfully belongs to him or her, coming up with a fair and equitable property settlement agreement can sometimes be tricky.

Factors used to determine child custody applied to pets

As beloved as pets are by many couples in Oregon, they do not have the same status as children when it comes to divorce disputes. While pets do not have legal status in California either, a newly signed law allows California judges to apply the same criteria to pet ownership disagreements that they use to determine custody of a child.

Going over examples of marital property

If you and your marital partner are splitting up, there may be various aspects of your divorce that bother you or cause you to worry. For example, if you are a parent you may be terrified of a dispute over child custody and how things will unfold. The financial side of divorce can be very tricky as well and property division is one area that can be especially challenging and complex for some couples. In this post, we will take a look at some of the different examples of marital property, which is subject to division.

Considerations before moving out of the family home

In the interest of fairness, most states abide by either community property or equitable distribution laws. These laws guide courts on how to divvy up property during a divorce. According to FindLaw, Oregon has no such marital property laws on the books. While this allows for more flexibility during the property division process, it also provides for more uncertainty, especially concerning the family home. For this reason, there are certain considerations that a couple should discuss regarding what is to become of the home post-divorce.

Protecting your family business during your divorce

When you decide to go through with your decision to divorce your spouse, you immediately begin to analyze the impact this choice could have on your family business and its success. Allowing your emotions to take over or making irrational decisions in an effort to stay in control, can have detrimental effects on your company's future. At Daniel J. Lounsbury Attorney at Law, we have helped many individuals in Oregon to navigate the difficult legal process of divorcing their spouse without compromising their business or its success. 

Find the value of personal property before a settlement

When a marriage ends in Oregon, the couple must follow the state's plan for property division. According to the Oregon Judicial Branch, property includes much more than the home and other real estate. The couple must also divide their personal property, such as vehicles, furniture, jewelry and other objects.

Important facts about dividing property in an Oregon divorce

Once you and your spouse have established that you cannot make your relationship work, it is time to begin the legal process of ending your Oregon marriage, a large part of which is dividing your marital property. At the office of Daniel J. Lounsbury Attorney at Law, we have assisted many divorcing clients with the division of assets and debts.

Who gets the pets in a divorce?

If you own pets with your spouse and are going through a divorce in Oregon, then it is natural to be concerned about how the court will handle pet ownership. Pets are not treated like children under the law. Forbes notes that they are considered property. If you and your spouse cannot come to an agreement through mediation about how to handle the division of pets, then the court will step in and do it.

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