Sacramento, CA asked in Divorce and Family Law for California

Q: My wife and I were married 1 years I moved out ten years ago is she entitled to half in oregon

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, the division of property in a divorce is based on the concept of community property. This means that any assets and debts acquired during the marriage are generally considered to be owned equally by both spouses. However, since you mentioned Oregon, it's important to note that Oregon follows an equitable distribution model, which aims to divide property fairly, though not necessarily equally.

The fact that you moved out ten years ago does not automatically affect your wife's entitlement to marital property. The key factor is the duration of the marriage and when the assets were acquired. If you and your wife were married for a year before you moved out, any property or assets accumulated during that year could be subject to division.

In both California and Oregon, the court will consider various factors, such as each spouse's contributions to the marriage, the length of the marriage, and each party's financial situation. To get a clear understanding of your specific situation, it would be helpful to consult with a family law attorney who can provide advice based on the details of your case and the laws of the relevant state.

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