Q: In OR unmarried couples that live as married have rights dividing assests and real property like married people

A: An unmarried couple breaking up and file a dissolution of a domestic partnership. There is a major difference in this type of proceeding from a divorce. Oregon Law renders a presumption that married people share everything equally. There is no such presumption for an unmarried couple. Rather it is up to the proponent of the legal action to show that there was some type of financial partnership intended. Absent proof of an intended financial partnership, the court may not be able to do any asset or debt division. Unmarried partners cannot ask for spousal support. These type of breakups can be messy and the court may guess wrong. So if yo are going to be in a domestic partnership where there will be financial dealings the best thing you can do is have a formal domestic partnership agreement where your mutual understanding of how finances will be shared and property owned, is clearly spelled out. Both marriage and domestic partnerships are business arrangements with respect to property and finances, so it makes sense to document things like you would in any business.

A: When an unmarried couple separates, Oregon courts attempt to determine the parties’ intent when deciding whether and how to divide property acquired during the relationship. If there is no written agreement, the court should examine the facts to determine the parties’ implicit intent. The inquiry first focuses on the intent of the parties at or about the time that the property was acquired, which is the relevant time frame to determine the parties' intention regarding the division of their property. The key inquiry is whether the parties intended to “pool their resources for their common benefit.”