The determination of property division, specifically real estate, during the dissolution of marriage in Oregon is a complex legal process. State law dictates that marital assets are subject to equitable distribution, meaning a fair, though not necessarily equal, division between the parties. The family home is frequently the most significant asset involved in these proceedings.
The disposition of this asset is crucial due to its financial value and the emotional ties often associated with it. Historically, courts considered fault when dividing property. Current Oregon law, however, focuses on fairness and the economic circumstances of each spouse post-divorce. Factors considered include each party’s contributions to the acquisition and maintenance of the property, future earning potential, and custodial arrangements for any children.