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

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.

Disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.