Brush and Brush

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 06-22-2016
  • Case #: A152239
  • Judge(s)/Court Below: Ortega, P.J. for the Court; DeVore, J.; & Garrett, J.
  • Full Text Opinion

An amendment to ORS 107.105(1)(f) removed separately held property acquired by inheritance from presumption of equal contributions. A domestic relations case is "pending" until a written decision is entered, even if a judge has ruled from the bench.

Wife appealed a judgment of dissolution, challenging the trial court’s property division and its failure to award spousal support. An amendment to ORS 107.105(1)(f) removed separately held property acquired by inheritance from presumption of equal contributions. For the amendment to apply the domestic relations proceeding must have been pending on January 1, 2012. A domestic relations proceeding remains undecided until a written judgment it entered, even if the court has ruled from the bench. Because the court’s oral statements in this case on the last day of trial were not a final determination of the rights of the parties the proceedings were pending on the date the amendment, ORS 107.105(1)(f), became affective. Property division vacated and remanded; otherwise affirmed.

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