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

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.