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The Daily Insight

What is considered marital property in Oregon?

Author

Andrew Ramirez

Published Mar 28, 2026

Generally, marital property is all property acquired or earned during the marriage. Separate property is property you owned before marriage. It could also include property that you received during marriage like a gift or an inheritance, among other things. All of the marital property must be divided.

Is an inheritance considered community property in Oregon?

Oregon is an equitable distribution state and will divide all marital assets in a fair and equitable way. Most assets accumulated during a marriage are considered marital property, but there are exceptions, such as with gifts or an inheritance. Separate property is awarded only to the spouse who owns it.

Is a spouse entitled to inheritance money in Oregon?

What Are Gift and Inheritance Laws in Oregon? This means that each spouse contributed equally during the marriage, and should therefore be entitled to an equal share of the inheritance upon divorce.

What happens to a home purchased before marriage?

A home that was purchased prior to the marriage and owned by one spouse is generally considered separate property and is not subject to division.

Can a un married couple sell their home?

With un married homeowners, however, the courts’ hands are tied: In most states, provided both unmarried partners have equal legal ownership—meaning both of their names are on the title to the property, no matter how much either party contributed to the purchase of the home— both must agree to sell the place before it’s put on the market.

Can a marital home be considered marital property?

Some states also consider whether the non-owner spouse’s funds were used to refinance the house. Additionally, if the owner puts the non-owner spouse’s name on the deed, the home may then be considered marital property and subject to division.

Can you buy a house with your spouse?

Separate finances: If you’re buying the house with money you had before the marriage, keeping your spouse off the title is one way to keep your finances separate. Estate planning: If you have sole ownership of the property, you can leave it to whoever you want.