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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7123
Experience:  Experienced Family Law Attorney
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I have a question regarding a legal separation in the state

Customer Question

Hello, I have a question regarding a legal separation in the state of Oregon. My separated spouse is allowing me access to a HELOC on a property she got in the separation. I am using those funds in a real estate transaction and the underwriter is requesting I get an amendment to our sep agreement stating she is giving me those funds to show my ownership of them. What is the easiest way to accomplish that?
Submitted: 4 months ago.
Category: Family Law
Expert:  LegalGems replied 4 months ago.

The quickest and least expensive way to get an addendum to the separation agreement is for the parties to stipulate to whatever condition they are now agreeing to;

It is the policy of this state:

(a)To encourage the settlement of suits for marital annulment, dissolution or separation; and

(b)For courts to enforce the terms of settlements described in subsection (2) of this section to the fullest extent possible, except when to do so would violate the law or would clearly contravene public policy.

(2)In a suit for marital annulment, dissolution or separation, the court may enforce the terms set forth in a stipulated judgment signed by the parties, a judgment resulting from a settlement on the record or a judgment incorporating a marital settlement agreement:

(a)As contract terms using contract remedies;

(b)By imposing any remedy available to enforce a judgment, including but not limited to contempt; or

(c)By any combination of the provisions of paragraphs (a) and (b) of this subsection.

(3)A party may seek to enforce an agreement and obtain remedies described in subsection (2) of this section by filing a motion, serving notice on the other party in the manner provided by ORCP 7 and, if a remedy under subsection (2)(b) of this section is sought, complying with the statutory requirements for that remedy. All claims for relief arising out of the same acts or omissions must be joined in the same proceeding.

(4)Nothing in subsection (2) or (3) of this section limits a partys ability, in a separate proceeding, to file a motion to set aside, alter or modify a judgment under ORS 107.135 (Vacation or modification of judgment) or to seek enforcement of an ancillary agreement to the judgment. [2001 c.203 §2; 2003 c.576 §108]

Generally the procedure referenced in subsec 4 takes longer, as that is a noticed motion, require service and filing, and then a court hearing; whereas a stipulation allows the parties to submit the document, signed, to the court, asking that it be entered as a "stipulated order".

Since the conditions for each stipulation are customized, the form would also need to be custom drafted to reference the current separation agreement and then to "stipulate" as to any modifications.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 4 months ago.

Checking in on the above.
Thank you for using JA

It is a pleasure to assist.