Code and Code

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 08-17-2016
  • Case #: A154916
  • Judge(s)/Court Below: Egan, for the Court; Armstrong P.J.; & Hadlock C.J.
  • Full Text Opinion

A trial court's determination of property division is just and proper in all the circumstances based on the courts discretion, unless a legal error has occurred.

Husband appealed a property division award and assigned error to the trial court's determination of setting the value of his podiatry practice subject to equitable division. Husband sought to set aside the valuation because he claimed that the valuation was not based on evidence, but rather was a premarital value. The Court reviewed the trial court's "just and proper" division of the property, which considers statutory and equitable factors. Ultimately, the Court found that the trial court's determination of the overall property division was just and proper in all the circumstances based on the court's discretion. Affirmed.

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