Division of home equity

UPDATED: Oct 1, 2022

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Division of home equity

I live in Oregon. My wife and I are heading toward divorce. We have a home that since the day we bought it in Oct 2002 has had only my name on the title/deed/mortgage. The home was originally financed in my name only, as her credit at the time of purchase did not qualify her to be on the mortgage. At no point did she ever get her name added to the title/deed/mortgage. In November 2016 she left the home, moved to another city, essentially abandoning me and our home. She has never had her name associated with, or tied to, in any way the title/deed/mortgage on the home. In Jan-Feb of last year 2017 I refinanced the home mortgage again only in my name to save costs.
My question is this If divorce is to happen, is she legally entitled to any equity if the home is sold?

Thank you, Dave

Asked on January 2, 2018 under Family Law, Oregon


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The law in Oregon mirrirs the law in most states: property acquired during the marriage is marital property regardless of whose name it is titled in.  Assumedly you paid the mortgage payments with marital funds, correct? I would speak with a divorce attorney asap.  Good luck.

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