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Cases of Interest: Oregon
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Agreements (full category)
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OREGON: In re Marriage of Crocker, No. SC S46166 (Or. Sup. Ct. Apr. 26, 2001).
Father appealed an order for support for children between 18 and 21 years of age attending school, contending the statute authorizing the order is unconstitutional.
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OREGON: In re Marriage of Bowers, 136 Or. App. 112, 900 P.2d 1085 (1995).
The couple had not impliedly modified or rescinded their antenuptial contract so as to permit separate assets to be classified as marital property.
Read More About This CaseOREGON: In re Marriage of Yager & Yager, 155 Or. App. 407, 963 P.2d 137 (1998).
The parties' prenuptial agreement was valid even though it did not describe the precise nature and value of each listed asset.
Read More About This CaseClassification of Assets (full category)
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OREGON: Becker and Becker, 122 Or. App. 567, 858 P.2d 480 (1993).
Although wife's trust interests were not marital property, it was just and proper to award husband $2 million to compensate him for his reliance on those interests for retirement.
Read More About This CaseOREGON: In re Marriage of Bowers, 136 Or. App. 112, 900 P.2d 1085 (1995).
The couple had not impliedly modified or rescinded their antenuptial contract so as to permit separate assets to be classified as marital property.
Read More About This CaseOREGON: In re Marriage of Fisher, 148 Or. App. 208, 939 P.2d 149 (1997).
Renewal commissions payable to the husband by the insurance company for which he worked during the marriage were properly treated as a marital asset rather than only as part of the husband's monthly income.
Read More About This CaseClosely Held Businesses (full category)
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OREGON: In re Marriage of Batt, 149 Or. App. 517, 945 P.2d 517 (1997).
A marketability discount should not have been applied to the value of the husband's interest in a family farming operation.
Read More About This CaseConflict of Laws (full category)
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OREGON: Marriage of Day, 137 Or. App. 264, 904 P.2d 171 (1995).
Oregon law must be applied in an Oregon dissolution case to determine the distribution of the parties' assets, including real property located outside of the state.
Read More About This CaseDebts (full category)
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OREGON: In re Marriage of Landsem, 144 Or. App. 555, 927 P.2d 625 (1996).
Funds that the wife received from her mother during separation should have been treated as a gift rather than as a marital debt.
Read More About This CaseDivision of Property (full category)
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OREGON: In re Marriage of Ward, 165 Or. App. 426, 998 P.2d 691
The wife was entitled to an equal division of property despite the short term of the marriage.
Read More About This CaseOREGON: Becker and Becker, 122 Or. App. 567, 858 P.2d 480 (1993).
Although wife's trust interests were not marital property, it was just and proper to award husband $2 million to compensate him for his reliance on those interests for retirement.
Read More About This CaseOREGON: In re Marriage of Pugh, 138 Or. App. 63, 906 P.2d 829 (1995).
Even though the husband's personal injury settlement was a marital asset, and even though he failed to rebut the presumption that the wife contributed equally to the acquisition of the settlement, the serious and permanent nature of his injury entitled him to a disproportionately greater share of it.
Read More About This CaseOREGON: Marriage of Day, 137 Or. App. 264, 904 P.2d 171 (1995).
Oregon law must be applied in an Oregon dissolution case to determine the distribution of the parties' assets, including real property located outside of the state.
Read More About This CaseOREGON: Nunez v. Nunez, 136 Or. App. 113, 902 P.2d 115 (1995).
The trial court did not abuse its discretion by ordering the wife to make a loan to the husband that would enable him to pay his share of the parties' debt and to pay an "equalizing judgment."
Read More About This CaseExpert Witnesses (full category)
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OREGON: In re Marriage of Yager, 155 Or. App. 407, 963 P.2d 137 (1998).
A real estate agent who lacked an appraiser's license could nevertheless testify as an expert about the value of real estate properties.
Read More About This CaseFactors in Award (full category)
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OREGON: In re Marriage of Pugh, 138 Or. App. 63, 906 P.2d 829 (1995).
Even though the husband's personal injury settlement was a marital asset, and even though he failed to rebut the presumption that the wife contributed equally to the acquisition of the settlement, the serious and permanent nature of his injury entitled him to a disproportionately greater share of it.
Read More About This CaseOREGON: In re Marriage of Massee, 195 Or. 247, 970 P.2d 1203 (1999).
Lower courts did not adequately consider wife's contributions as a homemaker during the parties' two-year marriage when equitably distributing their property.
Read More About This CaseOREGON: In re Marriage of Michaels, 158 Or. App. 58, 970 P.2d 692 (1999).
The wife's economic needs stemming from her health problems justified awarding her the majority of the marital assets despite the husband's arguably greater contributions to the acquisition of marital assets.
Read More About This CaseGifts (full category)
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OREGON: In re Marriage of Budge, 150 Or. App. 209, 945 P.2d 1101 (1997).
The trial court did not err in adopting the values reported to the Internal Revenue Service as the value of stock shares gifted to the husband during the parties' marriage.
Read More About This CaseOREGON: In re Marriage of Landsem, 144 Or. App. 555, 927 P.2d 625 (1996).
Funds that the wife received from her mother during separation should have been treated as a gift rather than as a marital debt.
Read More About This CaseMarital Home (full category)
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OREGON: In re Marriage of Thomas, ___ Or. ___, 981 P.2d 382 (1999).
The husband was ordered to pay for the upkeep of the marital home until it was sold. The husband contended that this constituted a "spousal support order," which could be modified.
Read More About This CaseOREGON: Rykert v. Rykert, 146 Or. App. 537, 934 P.2d 519 (1997).
The trial court did not err by applying a 39% tax discount to the husband's termination benefits while not applying any tax discount to the expected capital gain on the sale of the family home.
Read More About This CaseOREGON: Davis v. Davis, 146 Or. App. 507, 934 P.2d 451 (1997).
The marital home should have been sold immediately rather than delaying the sale until the parties' child reached age 21, because it was the only valuable marital asset.
Read More About This CasePensions (full category)
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OREGON: In re Marriage of Drews, 153 Or. App. 126, 956 P.2d 246 (1996).
The trial court did not err in discounting the value of the husband's retirement accounts by 40% for future income tax liability.
Read More About This CasePersonal Injury Awards (full category)
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OREGON: In re Marriage of Pugh, 138 Or. App. 63, 906 P.2d 829 (1995).
Even though the husband's personal injury settlement was a marital asset, and even though he failed to rebut the presumption that the wife contributed equally to the acquisition of the settlement, the serious and permanent nature of his injury entitled him to a disproportionately greater share of it.
Read More About This CaseTax Consequences (full category)
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OREGON: In re Marriage of Drews, 153 Or. App. 126, 956 P.2d 246 (1996).
The trial court did not err in discounting the value of the husband's retirement accounts by 40% for future income tax liability.
Read More About This CaseOREGON: Rykert v. Rykert, 146 Or. App. 537, 934 P.2d 519 (1997).
The trial court did not err by applying a 39% tax discount to the husband's termination benefits while not applying any tax discount to the expected capital gain on the sale of the family home.
Read More About This CaseThird Parties (full category)
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OREGON: In re Marriage of Landsem, 144 Or. App. 555, 927 P.2d 625 (1996).
Funds that the wife received from her mother during separation should have been treated as a gift rather than as a marital debt.
Read More About This CaseTrusts (full category)
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OREGON: Becker and Becker, 122 Or. App. 567, 858 P.2d 480 (1993).
Although wife's trust interests were not marital property, it was just and proper to award husband $2 million to compensate him for his reliance on those interests for retirement.
Read More About This CaseValuation of Property (full category)
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OREGON: Padgett-Bellegante v. Padgett, ___ Or. App. ___, 7 P.3d 773 (2000).
Did the trial court err in dividing only the appreciation in the value of the marital residence that occurred after the marriage? Did the court properly value the couple's employee leasing business in determining the amount of judgment to assess against the husband?
Read More About This CaseOREGON: In re Marriage of Pagano, 147 Or. App. 357, 935 P.2d 1246 (1997).
The trial court did not err in valuing the parties' limited partnership holdings at one-half of the value claimed by the wife and in awarding the holdings to her.
Read More About This CaseOREGON: In re Marriage of Batt, 149 Or. App. 517, 945 P.2d 517 (1997).
A marketability discount should not have been applied to the value of the husband's interest in a family farming operation.
Read More About This CaseOREGON: In re Marriage of Budge, 150 Or. App. 209, 945 P.2d 1101 (1997).
The trial court did not err in adopting the values reported to the Internal Revenue Service as the value of stock shares gifted to the husband during the parties' marriage.
Read More About This CaseOREGON: In re Marriage of Pagano, 147 Or. App. 357, 935 P.2d 1246 (1997).
The trial court did not err in valuing the parties' limited partnership holdings at one-half of the value claimed by the wife and in awarding the holdings to her.
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