Oregon OR AI draft

Methodology

Equitable distribution

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

The following factors are commonly evaluated under Oregon law:

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)

Statute / Authority

Citation: Or. Rev. Stat. §107.105 ↗

Source: https://www.oregonlegislature.gov/bills_laws/ors/ors107.html

Source & verification AI draft

Citation

Or. Rev. Stat. §107.105

Source URL

https://www.oregonlegislature.gov/bills_laws/ors/ors107.html

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Reference Library

Oregon Property Division

Oregon Revised Statute §107.105(1)(f) empowers the court to divide the parties' property as may be just and proper in all the circumstances. Rather than a factor list, the statute supplies a rebuttable presumption of equal contribution to property acquired during the marriage and directs that homemaking count as a contribution to acquisition. The presumption usually yields an equal division of marital assets, but it is rebuttable and concerns contribution rather than commanding a 50/50 split; Oregon case law supplies the rest of the framework.

Citation: Or. Rev. Stat. §107.105

Source: https://www.oregonlegislature.gov/bills_laws/ors/ors107.html

Last updated: 2026-07-23T00:37:19.789725