Dallas, TX asked in Family Law and Divorce for California

Q: Married but propery bought with money from sale of husbands house. Does he get to keep everything we bought together?

My husband was abusive and this included financial abuse. He sold his house and we bought a house in Oregon together. We went thru divorce proceedings but there was a tragedy and we post poned it.

Now I am woke and he just kicked me out of the house. I am 57 yrs old and he claims everything that was purchased with that money is his. He made my life a living hell! Is this accurate?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under Oregon law, which applies given that the property in question is located in Oregon, assets acquired during the marriage are generally considered marital property and subject to division upon divorce. This includes property purchased together, even if the funds initially came from the sale of a house owned by one spouse before the marriage. The law aims to ensure a fair and equitable distribution of marital assets, considering both spouses' contributions and needs.

If your husband claims that everything purchased with the money from the sale of his house before the marriage is solely his, this assertion may not fully align with how the law typically addresses the division of assets. The fact that you were married and the property was bought during your marriage introduces the concept of commingling assets, making them potentially marital property. The specifics of your situation, including any agreements or understandings you might have had, can significantly impact the outcome.

Given the complexity of your situation, involving financial abuse and your recent eviction from the home, it's crucial to seek legal advice. A legal professional can help you understand your rights and options under the law. They can also represent your interests, ensuring that the division of property is conducted fairly and considers the circumstances of your marriage, including any abuse. Remember, you have rights and protections under the law, and it's important to advocate for your fair share of marital assets.

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