Does inheritance need to be divided in a divorce settlement in Oregon?

Answer 1

If Oregon is a state that uses "equitable distribution of marital property" in divorces, any inheritances are considered not to be marital property. However, an increase in the value of the inheritance from the time of its receipt until property settlement could be considered to be marital property.

I know, it sounds like a "Catch 22." But I would rather you were aware of it in the event that the family farm you inherited is soon to be the subject of a commercial land development.

Answer 2

Generally, inheritances are separate property of the person who inherited, not joint or community property. But if the property was commingled with other marital assets, that could change the nature of the inherited property.

Usually in a divorce settlement, all separate property goes to the person who owned it separately and only the joint marital assets are divided. But all of this is negotiable in a settlement agreement.

If you are asking for yourself, please be sure to see an Oregon divorce lawyer.

Answer 3

Oregon is (no longer) a community property state, so the rules work in the simpler fashion.

See the above answer for the general rule.