ORS 107.452
Reopening case if assets discovered after entry of judgment

(1)

A court that entered a judgment of marital annulment, dissolution or separation shall reopen the case upon the motion of either party if the moving party alleges that significant assets belonging to either or both of the parties:

(a)

Existed at the time of the entry of the judgment; and

(b)

Were not discovered until after the entry of the judgment.

(2)

If the court finds that the assets were inadvertently omitted from the distribution of the marital estate, the court shall make such distribution of the omitted assets as is just and proper in all the circumstances.

(3)

If the court finds that the assets were intentionally concealed and thereby not included in the distribution of the marital estate, the court may order:

(a)

The division of the appreciated value of the omitted assets;

(b)

The forfeiture of the omitted assets to the injured party;

(c)

A compensatory judgment in favor of the injured party;

(d)

A judgment in favor of the injured party as punitive damages; or

(e)

Any other distribution as may be just and proper in all the circumstances.

(4)

The court may award attorney fees on any motion filed pursuant to this section. The court shall award attorney fees to the moving party if the court finds that assets were intentionally concealed and thereby not included in the distribution of the marital estate.

(5)

Intentionally left blank —Ed.

(a)

A motion alleging inadvertent omission of assets must be filed within two years after the date of discovery of the omission but no later than three years after the entry of the judgment.

(b)

A motion alleging intentional concealment of assets must be filed within two years after the date of discovery of the omission but no later than 10 years after the entry of the judgment.

(6)

A motion under this section may be filed with and decided by the trial court during the time an appeal from a judgment is pending before an appellate court. The moving party shall serve a copy of the motion on the appellate court. The moving party shall file a copy of the trial court’s order in the appellate court within seven days after the date of the trial court order. Any necessary modification of the appeal required by the trial court order shall be pursuant to rule of the appellate court. [1995 c.800 §6]

Source: Section 107.452 — Reopening case if assets discovered after entry of judgment, https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html.

Notes of Decisions

Court may grant relief based upon fraudulent concealment of true ownership of significant asset, notwithstanding that existence of asset was known at time of trial. Conrad and Conrad, 191 Or App 283, 81 P3d 749 (2003)

107.005
Annulment of void marriage 107.015
Grounds for annulment or dissolution of marriage 107.025
Irreconcilable differences as grounds for dissolution or separation 107.036
Doctrines of fault and in pari delicto abolished 107.046
Appearance by public official 107.055
Appearance by respondent 107.075
Residence requirements 107.085
Petition 107.086
Where to file petition 107.087
When petition to be served on Division of Child Support 107.088
Clerk of court to furnish certain information when petition is filed 107.089
Documents parties must furnish to each other 107.092
Notice that spouse may continue health insurance coverage 107.093
Restraining order 107.094
Forms for restraining order and request for hearing 107.095
Provisions court may make after commencement of suit and before judgment 107.097
Ex parte temporary custody or parenting time orders 107.101
Policy regarding parenting 107.102
Parenting plan 107.103
Alternative dispute resolution conference procedure 107.104
Policy regarding settlement 107.105
Provisions of judgment 107.106
Provisions of order or judgment providing for custody, parenting time, visitation or support of child 107.108
Support or maintenance for child attending school 107.111
When parents equally responsible for funeral expenses of child 107.115
Effect of judgment 107.118
Definitions for ORS 107.118 to 107.131 107.121
Revocation of designation of beneficiary upon entry of judgment 107.124
Effect of revocation 107.127
Notice of revocation 107.131
Conveyance or release of contingent or expectant interests 107.133
Remedy following conviction for attempted murder or conspiracy to commit murder 107.135
Vacation or modification of judgment 107.136
Reinstatement of terminated spousal support 107.137
Factors considered in determining custody of child 107.138
Temporary status quo order regarding child custody 107.139
Post-judgment ex parte temporary custody or parenting time order 107.145
Legislative findings regarding deployed parent 107.146
Expedited hearing upon motion by deployed parent 107.149
Policy regarding parents and their children 107.154
Authority of parent when other parent granted sole custody of child 107.159
Notice of change of residence 107.164
Parents’ duty to provide information to each other 107.169
Joint custody of child 107.174
Modification of order for parenting time 107.179
Request for joint custody of children 107.400
Amendment of pleadings in dissolution, annulment or separation proceedings to change relief sought 107.405
Powers of court in dissolution, annulment or separation proceedings 107.406
Legislative findings 107.407
Petition to set aside spousal support provisions of judgment 107.408
Duty to provide income tax information 107.412
Procedure applicable to ORS 107.407 107.415
Notice of change of status of child 107.425
Investigation of parties in domestic relations suit involving children 107.431
Modification of portion of judgment regarding parenting time or child support 107.434
Expedited parenting time enforcement procedure 107.437
Order of assistance to obtain custody of child held in violation of custody order 107.445
Attorney fees in certain domestic relations proceedings 107.449
Transfer of proceeding under ORS 107.135 to auxiliary court 107.452
Reopening case if assets discovered after entry of judgment 107.455
Effect of separation statutes or judgments on subsequent dissolution proceedings 107.465
Conversion of judgment of separation into judgment of dissolution 107.475
Court to determine duration of separation 107.485
Conditions for summary dissolution procedure 107.490
Commencement of proceeding 107.500
Forms 107.510
Definitions for ORS 107.510 to 107.610 107.520
Establishment of conciliation jurisdiction 107.530
Source of conciliation services 107.540
Conciliation jurisdiction by court 107.550
Petition for conciliation jurisdiction 107.560
Effect of petition 107.570
Notice 107.580
Restriction of services 107.590
Court orders 107.600
Privacy of proceedings 107.610
Qualifications of conciliation counselors 107.615
Fees to support services 107.700
Short title 107.705
Definitions for ORS 107.700 to 107.735 107.707
Application of Uniform Child Custody Jurisdiction and Enforcement Act 107.710
Petition to circuit court for relief 107.716
Hearing 107.717
Appearance by telephone or two-way electronic communication device 107.718
Restraining order 107.719
Removal of personal effects 107.720
Enforcement of restraining orders 107.721
Petitioner’s change of residence 107.722
Effect of dissolution, annulment or separation judgment or modification order on abuse prevention order 107.723
Service of restraining order 107.725
Renewal of order entered under ORS 107.716 or 107.718 107.726
Standing to petition for relief of person under 18 years of age 107.728
Where to file petition 107.730
Modification of order entered under ORS 107.700 to 107.735 107.732
Recovering custody of child 107.735
Duties of State Court Administrator 107.755
Court-ordered mediation 107.765
When referral to mediation permitted 107.775
Methods of providing mediation services 107.785
Privacy of proceedings 107.795
Availability of other remedies 107.810
Policy 107.820
Support order as insurable interest 107.825
Court-ordered beneficiary action against third-party beneficiary after death of obligor 107.830
Physical examination may be ordered 107.835
Waiver of personal service in subsequent contempt proceeding 107.837
Attorney fees 107.840
Confidentiality of Social Security numbers 107.843
Supplemental judgments
Green check means up to date. Up to date

Current through early 2024

§ 107.452’s source at oregon​.gov