Monthly Archives: February 2012

Enforcement of Personal Property Awards

Posted on February 28, 2012 by C. Sean Stephens

Over the years helping clients with Oregon divorces, I have heard many people express frustration with their ex not following through on the personal property division. This seems to be much more of a problem in contentious cases.  Judges have a distaste … Continue reading →

Posted in Enforcement | 1 Comment

Should states make it harder to divorce?

Posted on February 22, 2012 by C. Sean Stephens

Utah recently voted down a bill that would have created a state mandated barrier to divorce. Representatives killed HB290 , which would have required divorcing couples with children to take a “divorce orientation” class prior to filing. The class is … Continue reading →

Posted in News | 1 Comment

New Case Law – Pensions in Payout Status are Treated as Personal Property

Posted on February 10, 2012 by Daniel Margolin

On December 29, 2011, the Oregon Court of Appeals decided Rushby and Rushby. In this case, the husband and wife were both former government employees and were both receiving monthly retirement benefit payments from PERS.  Generally retirement accounts are divided … Continue reading →

Posted in Divorce | 1 Comment

Accidentally Omitted Liabilities in Divorce

Posted on February 7, 2012 by C. Sean Stephens

I prevously blogged about omitted assets, and what the court can do if an asset is  left out of property division.  What do you do if you have an omitted liability in your Oregon divorce vs. an omitted asset?  I advise everyone … Continue reading →

Posted in Divorce | 1 Comment

New Case Law – Presumption of Equal Contribution

Posted on February 2, 2012 by Meg Clark-Kilcoyne

On December 14, 2011, the Oregon Court of Appeals decided Loomis and Loomis. In this case, the wife owned a 60% interest in a piece of property prior to the marriage, and acquired the other 40% interest during the marriage. … Continue reading →

Posted in Divorce | 1 Comment