In early 2012, Oregon passed a new law enhancing the rights of a party to retain separately held gifts and inheritances received during the marriage. The law now states that any property received from a third party may not have to be divided with his or her spouse during a divorce. However, as with many aspects of the law, there are complexities and exceptions
Inheritance, Gifts and Divorce Explained
When an individual receives a gift or inheritance, or is named in a revocable trust, he or she initially becomes the sole owner of the asset. However, if that person commingles the property or money with his or her spouse, an argument for joint ownership can then be applied. For example, if a wife receives a monetary gift from her parents, but places the money into a joint financial account, the husband can argue the money is now marital property.
Family Law and Estate Attorneys Protecting Your Inheritance Rights
At DeBast McFarland and Richardson LLP, our Oregon family law attorneys have a dedicated focus on divorce and estate matters. We are highly knowledgeable on both areas of the law and understand how they can interconnect. When you face a divorce and have concerns over a gift or inheritance, our attorneys will conduct a detailed analysis of your records and transactions. Through a thoughtful application of the law, we will determine the best course of action to protect your property rights.
Contact our Oregon Inherited Property Divorce Lawyers
When you are facing a divorce, our firm will handle your case with skill and compassion. Contact our firm toll free at 800-539-1731 and ask to speak with one of our dedicated Portland inheritance divorce lawyers.