OR Bar Family Law 2 — Questions and Answers
Question 1: Under Oregon law, what standard governs the division of marital property in a dissolution of marriage proceeding?
- Community property — each spouse receives exactly 50%
- Equitable distribution based on relevant statutory factors (Correct answer)
- Title-based distribution — whoever holds title retains the asset
- The earning spouse retains all income-producing property
Correct answer: Equitable distribution based on relevant statutory factors
Oregon follows equitable distribution under ORS 107.105, requiring a 'just and proper' division based on relevant circumstances.
Question 2: Which of the following is the sole ground for dissolution of marriage under Oregon law?
- Adultery or marital fault by one spouse
- Irreconcilable differences making continuation of the marriage impractical (Correct answer)
- Voluntary separation for at least one year
- Mutual written consent filed with the court
Correct answer: Irreconcilable differences making continuation of the marriage impractical
Oregon is a pure no-fault state; ORS 107.025 provides that irreconcilable differences is the sole ground for dissolution.
Question 3: Under Oregon law, which of the following is generally treated as separate property not subject to division in dissolution?
- Wages earned by either spouse during the marriage
- A home purchased jointly after the wedding
- An inheritance received by one spouse during the marriage (Correct answer)
- A business co-founded by both spouses during the marriage
Correct answer: An inheritance received by one spouse during the marriage
Gifts and inheritances received by one spouse are typically treated as separate property unless commingled with marital assets.
Question 4: Under Oregon's Uniform Premarital Agreement Act, a premarital agreement is enforceable if:
- It was signed at least 30 days before the wedding ceremony
- Both parties were represented by independent counsel
- It was voluntarily executed with adequate disclosure of each party's assets and obligations (Correct answer)
- It was notarized and recorded with the county clerk before the wedding
Correct answer: It was voluntarily executed with adequate disclosure of each party's assets and obligations
Oregon's UPAA requires voluntary execution and adequate financial disclosure; independent counsel is relevant to voluntariness but not required.
Question 5: What mandatory waiting period must expire after filing a dissolution petition before an Oregon court may enter a judgment of dissolution?
- No mandatory waiting period
- 30 days
- 60 days
- 90 days (Correct answer)
Correct answer: 90 days
ORS 107.065 imposes a 90-day waiting period between filing and entry of a dissolution judgment.
Question 6: When premarital property has been commingled with marital assets in Oregon, what is the most likely result?
- The entire commingled asset becomes separate property of the original owner
- The entire commingled asset becomes subject to equitable division (Correct answer)
- The court traces and segregates the original separate contribution from the marital portion
- Commingling has no legal significance under Oregon equitable distribution law
Correct answer: The entire commingled asset becomes subject to equitable division
Commingling generally converts separate property into marital property subject to equitable distribution, though tracing evidence may rebut this outcome.
Question 7: Under Oregon law, how may a court treat debts incurred by one spouse during the marriage upon dissolution?
- Only the spouse who incurred the debt remains legally liable
- Debts must be divided equally between the spouses regardless of who incurred them
- The court allocates debts equitably just as it does marital assets (Correct answer)
- All marital debts automatically become joint obligations upon dissolution
Correct answer: The court allocates debts equitably just as it does marital assets
Oregon courts have authority under ORS 107.105 to divide both assets and liabilities equitably between the parties.
OR Bar Family Law 2
Under Oregon law, what standard governs the division of marital property in a dissolution of marriage proceeding?