Medford, OR asked in Divorce for Oregon

Q: I am living in our RV which is registered in wife's name. do I have legal right to keep as my residence?

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1 Lawyer Answer
Greg Freeze
Greg Freeze
  • Port Townsend, WA
  • Licensed in Oregon

A: Oregon is an equitable division state, which means that a judge can order whatever is fair under the circumstances of the marital relationship. Generally speaking, it's best to think of everything starting at a 50/50 point of view, before the marital assets are split.

People often only get a judge involved after the asset division is solve together, either through mediation, mutual agreement, or attorney negotiations. When the issues of a dissolution are solved in advance, the court generally accepts the paperwork, in the form of a Stipulated Judgment of Dissolution of Marriage.

But as a simple example of an equitable division, if the RV is worth $10,000, then your wife is going to get $10,000 in the form of some other asset attributable to the marriage. That's the general starting point of fair.

Of course, you'll find attorneys that want to fight. But do realize that judges are reasonable people. It's hard to pull over a non-50/50 argument with a judge, unless you really have some facts that support a disproportionate division.

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