Knowing your assets and your assets’ value in a divorce is easy… and difficult.
You need to know what you own in your divorce mediation in Oregon. Just as important, though, you need to know what each asset’s value is in your divorce. The problem (for some) is that it’s difficult to know what you truly own in our debt-ridden world.
I designed Mediation Northwest to be a boutique divorce mediation firm. We handle our clients’ matters from beginning to end. Based on my 20+ years of experience as an Oregon divorce attorney mediator, here’s what you need to know about valuing your assets.
Different types of property in Oregon
There are 2 different types of property, and they can be worth different amounts.
Real property: Real property is a legal term for real estate. If you have a mortgage on your home, you still own the home… you just also have a loan on it. If you rent/lease, you do not own real estate. In addition to a personal residence, many of my clients also own rentals and/or business real property.
Personal property: Personal property is all the tangible and intangible stuff that you own that is not real property. If you own a vehicle, but you owe money to a bank, you own a vehicle. For some reason, many clients think the bank owns the vehicle, but this assumption is wrong. You own the vehicle. Other personal property items include:
- Bank accounts,
- Retirement accounts,
- Crypto currency
So how much is your real and personal property worth?
It’s basic 2nd grade math.If I can do it, you can do it, too. We’ve got this! You can learn the value of your property in three easy steps.
Step one. What is the value that a disinterested third party (i.e. not your good friend or family who wants to give you a good deal) would pay for your property? I am calling this the value.
Step two. What is the amount you owe on the property? (i.e. a mortgage or a loan). I am calling this the loan.
Step three. Value – loan = equity value. Your property’s equity value is the value we take into account in the divorce.
Take for example the new car your almost-ex-spouse bought six months ago. It’s a beautiful car and, let’s be honest, it’s much better than your car. The same formula works… regardless of how pretty the personal property may be.
Value – loan = equity value. So, if the Tesla is worth $39,000.00, but the loan is $42,000.00, then the Tesla isn’t worth anything. Zero. Nadda.
Julie, are you kidding me? That car is amazing and my 2010 Honda with wonky brakes is worth $3,000. Mine is worth more? How can that be? It’s the loan.
We look at the equity value in all property — regardless of how shiny — because they can’t sell the Tesla and make any money; you can.
What about other types of marital assets?
Some assets are harder to value, such as a pension or a business.
But it’s important to note that divorce attorneys don’t value your assets. Either the parties agree upon the value or hire-out an expert to value the pension or the business.
A pension valuation tends to cost about $450 and a business valuation is dependent upon the size of the business, but ball-park somewhere between $4,000 – $8,000.
A few caveats about marital assets
Non-marital property is property that is not a part of the marriage.
For instance, if you owned a home in your name prior to the marriage, you sold that property and kept the proceeds in an account in your sole name, then that money is non-marital because you never commingled the pre-marital asset.
If you received inheritance and you kept the inheritance in an account in your sole name, then the inheritance is non-marital, too.
Of course, there are exceptions to these rules, but only a judge or a couple who is in agreement can create those exceptions. If you are in disagreement, then the rules stand.
What are your next steps?
- Do your homework and determine what marital assets you own. That way, you aren’t surprised in mediation. You can negotiate a much better deal for yourself and your almost-ex-spouse when you are armed with knowledge.
- Get a comparative market analysis on your real property.
- Learn how much your vehicles are worth.
- Look up your retirement account’s values or hire an appraiser to asses the value.
- Educate yourself about your stuff.
- Download our Divorce Mediation Checklist and get started.
Contact Mediation Northwest today
Disclaimer: All information contained within this post is limited to Oregon. Always consult an attorney about your specific situation.
”I was very impressed with Mediation Northwest. Julie Gentili Armbrust was clear, direct, efficient. Even in tense moments, she kept the negotiations respectful, as she was fair and even-handed, and ensured that we complied with the ground rules. She kept a good attitude and modeled how to maintain a clear head under awkward circumstances. They kept us well-informed of the process and met all expectations.