Oregon Divorce Property Division

What the Law Says

Oregon courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Oregon's ORS 107.105(1)(f) authorizes division of the parties' real or personal property “as may be just and proper in all the circumstances” — the statute enumerates no factor list. It instead codifies two principles: a rebuttable presumption that both parties contributed equally to property acquired during the marriage, whether jointly or separately held, and a command that a party's contribution as homemaker be considered a contribution to the acquisition of marital assets. The equal-contribution presumption typically produces an equal division of marital assets, but it is a presumption about contribution, not a division mandate; the working framework beyond the statute is Oregon case law (e.g., Kunze v. Kunze).

Division Factors (Or. Rev. Stat. §107.105)

What Oregon courts weigh:

1. Division of the real or personal property of either or both parties as may be just and proper in all the circumstances (ORS 107.105(1)(f))
2. Rebuttable presumption that both parties have contributed equally to the acquisition of property during the marriage, whether the property is jointly or separately held (ORS 107.105(1)(f))
3. The contribution of a party as a homemaker must be considered a contribution to the acquisition of marital assets (ORS 107.105(1)(f))
4. The statute enumerates no factor list — the working framework for dividing property is Oregon case law (e.g., Kunze v. Kunze)

Common Questions