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Loomis v Loomis

Summarized by: 

Date Filed: 12-14-2011
Case #: A142038
Wollheim, J. for the Court; Schuman, P.J.; & Rosenblum, S.J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A142038.pdf

Family Law: A dissolution court will presume equal spousal contribution to property and annuities unless one spouse rebuts such a presumption.

Husband appealed the trial court’s dissolution judgment. Husband and wife were married for 24 years. Prior to the marriage, the wife owned a 60% interest in a real estate property. During marriage, the husband and wife acquired the remaining 40% of the real estate property and conveyed that property and annuities to a joint trust. Based on the prenuptial agreement, the trial court awarded the real estate property and the annuities to the wife. On appeal, the husband contends he should have received a half interest in the property and the annuities. The issue before the Court was whether the commingling of an asset demonstrates an intention to treat that asset as joint property. The Court held that the wife’s conduct did not abridge the prenuptial agreement, which stated that the spouse who brought assets into the marriage or who owned those assets separately at time of dissolution would receive those assets. Therefore, the Court modified the trial court’s judgment and held that the husband should receive half of the 40% interest in real estate that was held jointly. Otherwise affirmed.