Willamette Law Online

Oregon Court of Appeals


ListPreviousNext


Wolfe and Wolfe

Summarized by: 

Date Filed: 03-14-2012
Case #: A139934
Haselton, P.J. for the Court; Brewer, C.J.; and Duncan, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/sites/Publications/A139934.pdf

Family Law: Limited integration of separate property assets into the common financial affairs of a long term marriage significantly affect the distribution of marital property.

Appellant Gillian Heath Wolfe appeals the trial court’s award of $10.3 million in separate property assets to appellee Douglas Randall Wolfe. Gillian and Douglas disputed whether $10.3 million in a separate property is a marital asset. The disputed property originated in the 1950’s from a devise from Douglas' grandfather. During their thirty plus years of marriage, Douglas used funds from the property to supplement the families’ income. The trial court held that Douglas had “rebutted the presumption of equal contribution” because the value of the inherited assets had appreciated independently. Additionally, no attorney’s fees were awarded. Gillian appealed and the Court of Appeals modified the award to a $2 million equalizing judgment due to the commingling of funds and the marriage duration. The Court also rejected spousal support for the wife. The decision regarding attorney’s fee was vacated and remanded for reconsideration. Otherwise affirmed.