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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 37085
Experience:  30 years as a family law lawyer .
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I live in Oregon. I bought and owned my first home prior to

Customer Question

I live in Oregon. I bought and owned my first home prior to getting married, so I am the only one on the title. My soon to be wife lived in the home with me during the time of purchase. About a year later, we got married, and lived in the home for three more years together. Is this home considered "separate property" and is my spouse entitled to the equity of the home?
Submitted: 1 month ago.
Category: Family Law
Expert:  RayAnswers replied 1 month ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 1 month ago.

Unless you added her name to the house here or refinanced after marriage this is separate premarital property and she has no claim to it.The timing here is critical , the purchase was in your name prior to marriage so the spouse has no claims as it is separate property under Oregon law here.

I appreciate the chance to help you today.Thanks again.

Expert:  RayAnswers replied 1 month ago.


Separate property is property owned before marriage, such as property received during marriage like a gift or an inheritance. All of the marital property must be divided. The court may include separate property too, if necessary to achieve an equitable distribution.

Oregon Divorce Source: Oregon Property Division

Customer: replied 1 month ago.
Thank you
Expert:  RayAnswers replied 1 month ago.

You are so welcome.Good luck here with all.

If you can rate 5 stars it is much appreciated.

Customer: replied 1 month ago.
Hi Ray, in a delayed response to your answer above. I did refinance the home after marriage, but the home remained in my name. So, does this mean she is entitled to the equity of the home? If so, how much?
Expert:  RayAnswers replied 1 month ago.

No based on what you present this is still separate property under the law, the character did not change since she is not on the note here.

Thanks and Happy Halloween.

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