QUESTION

Does an unmarried couple, living together with a child, split their assets in a breakup?

Asked on Apr 29th, 2015 on Divorce - Oregon
More details to this question:
My brother and his girlfriend have been living together for the past two years. They do not pay rent, they are living in my grandmother's guesthouse. They also have a child. My brother has been working full time, she has not contributed anything or paid for anything. She is threatening to take half the assets and that he has to give her his pickup when she moves. Does she have any legal rights to do so or is this completely out of bounds? I am curious and trying to help my brother out. It hardly seems fair nor relevant that someone who has contributed so little can take half of everything when they are not married. That makes no sense! Can she do that?
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1 ANSWER

Family Law Attorney serving Redmond, OR at Oliver & Duncan
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Your brother's girlfriend has no rights whatsoever to anything other than the personal property she had when she moved in with your brother plus whatever she acquired by gift or on her own after she moved in. If they had purchased a vehicle and taken title in their joint names, that would be different. In that case whomever was going to finish paying off the loan and keep the insurance active would get the car. The main issues here are the custody of the child, the amount of parenting time the non-custodial parent gets and the amount of child support the non-custodial parent has to pay the custodial parent. I would suggest that your brother needs to file a petition for custody, parenting time and child support with the local Circuit Court along with a motion for a status quo order that directs that the child stay where the child is now living pending a final determination of custody by the Court. While custody of a very young child will normally be awarded to the mother, that is NOT automatic. Your brother needs to see a family law attorney before she leaves with the child. On another point, if she is on his bank accounts or credit cards he needs to move his financial assets to accounts that are in his name alone. Also, if he owns any guns he needs to store them with another relative somewhere other than where he is now living. This would avoid giving his girlfriend the opportunity to make a false report of domestic violence in order to get him expelled from the residence under a domestic violence restraining order.
Answered on May 04th, 2015 at 7:12 AM

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