Stewart and Stewart

To rebut the presumption of equal contribution regarding marital assets, a party must demonstrate that the other party’s contribution to that asset is less than equal. Hixson and Hixson, 235 Or App 217, 227, 230 P3d 946, clarified on recons, 235 Or App 570, 232 P3d 996 (2010).

Husband appealed judgment of dissolution of marriage. Husband assigned error to the lower court’s division of property. On appeal, Husband argued that the trial court was incorrect in ruling that Wife had rebutted the presumption of equal contribution regarding several of Wife’s marital assets. In response, Wife argued that Husband did not contribute equally in obtaining the marital assets, and as such he was not entitled to equal division of the assets. To rebut the presumption of equal contribution regarding marital assets, a party must demonstrate that the other party’s contribution to that asset is less than equal. Hixson and Hixson, 235 Or App 217, 227, 230 P3d 946, clarified on recons, 235 Or App 570, 232 P3d 996 (2010). The Court of Appeals held that because Wife had established that Husband’s contribution to the marital assets was less than equal, she had rebutted the presumption of equal contribution. Affirmed.