Fine and Fine

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 07-15-2015
  • Case #: A154076
  • Judge(s)/Court Below: Tookey, J. for the Court; Sercombe, P.J.; & Hadlock, J.
  • Full Text Opinion

The trial court has discretion in determining what property division is "just and proper in all circumstances," unless the trial court has "misapplied the statutory and equitable considerations that ORS 107.105(1)(f) requires."

Husband and wife separated. Husband appeals the judgment on the division of property, assigning three errors to the trial court's decision. The Court dismisses the third assignment of error - denial of spousal support. Husband first argued that the evidence in the record did not support the trial court's inaction with regard to wife's transfer of funds from a joint account; the Court agreed. The Court further agreed with husband on his second assignment of error that the trial court's "decision to disregard husband’s contribution to the payment of wife’s debt to her parents was not adequately explained." The Court also directed the trial court to "reconsider the portion of the judgment relating to the award of Thomason Enterprises to wife" on remand. Property division reversed and remanded; otherwise affirmed.

Advanced Search