Real Property in Oregon Divorce Mediation

At a Glance

For many families, the home is the largest financial asset and the most emotionally significant one. In mediation, real property decisions focus on two things: what is legally equitable under ORS 107.105, and what will remain financially sustainable after the divorce is final.

Oregon law presumes that both spouses contributed equally to property acquired during the marriage, even if title is in only one name. But division is not automatically 50/50. The standard is what is “just and proper in all the circumstances,” and that requires looking beyond the deed to equity, debt, and long-term feasibility.

Key issues typically include:

• Equity, not just market value

• Mortgage liability, and whether refinancing is realistic

• Affordability of retaining the property long term

• Market conditions and timing

• Transition costs when moving from one household to two

Most resolutions fall into four categories: one party retains the property and offsets its value; the home is sold and proceeds divided; sale is deferred for a defined period; or equity is balanced against other assets.

The goal in mediation is not simply to divide property, but to structure a resolution that works in real life — legally sound, financially coherent, and durable after implementation.

The Legal Framework in Oregon

Under ORS 107.105, property in a divorce is divided in a manner that is “just and proper in all the circumstances.” Oregon law generally presumes that both spouses contributed equally to property acquired during the marriage, even if title appears in only one name.

Oregon appellate decisions, including Kunze v. Kunze, explain how that presumption is applied, even though we are not bound strictly by the law in a negotiated settlement.

In mediation, the law provides structure. The work is to apply it thoughtfully to your particular circumstances so that the outcome is both legally sound and practically stable.

The Legal Framework in Oregon

Under ORS 107.105, property in a divorce is divided in a manner that is “just and proper in all the circumstances.” Oregon law generally presumes that both spouses contributed equally to property acquired during the marriage, even if title appears in only one name.

Oregon appellate decisions, including Kunze v. Kunze, explain how that presumption is applied, even though we are not bound strictly by the law in a negotiated settlement.

In mediation, the law provides structure. The work is to apply it thoughtfully to your particular circumstances so that the outcome is both legally sound and practically stable.

Real Property May Include

Real property may include:

• A primary residence

• Rental or investment property

• Vacation property

• Undeveloped land

• Timeshares

• Property held through a trust or business

Before discussing division, ownership history and debt structure are clarified so that decisions are made from a clear foundation. Early clarity reduces the likelihood of confusion later.

Through my ʻohana asset integration framework — a comprehensive, nothing-left-behind approach to property division — each ownership interest and financial consequence is identified and considered. The guiding principle is simple: nothing material should be overlooked.