Kasner and Kasner

“ORS 107.452 authorizes ‘relief from a dissolution judgment for the fraudulent concealment of the true ownership of a significant asset belonging to the parties or either of them, even if the existence of the asset was known before the entry of judgment.’” Conrad and Conrad, 191 Or App 283, 292, 81 P3d 749 (2003).

Wife appealed the trial court’s order denying an ORS 107.452 motion to reopen her dissolution case. On appeal, Wife argued she had an interest in real property allegedly concealed by husband in the court of the parties’ underlying divorce proceedings. Wife contended that Husband’s interest in the property should have been deemed a marital asset subject to a presumption of equal distribution. “ORS 107.452 authorizes ‘relief from a dissolution judgment for the fraudulent concealment of the true ownership of a significant asset belonging to the parties or either of them, even if the existence of the asset was known before the entry of judgment.’” Conrad and Conrad, 191 Or App 283, 292, 81 P3d 749 (2003). The Court found that Husband’s interest in the asset was not omitted from the distribution and held that the trial court was not required to reopen the parties’ dissolution case. Affirmed.