Morrison v. Chierichetti

ORS 107.105 ultimately requires courts to distribute marital assets as may be just and proper under all the circumstances, and this inquiry must consider factors such as the preservation of assets; the achievement of economic self-sufficiency for both spouses; the particular needs of the parties and their children; and the extent to which a party has integrated a separately acquired asset into the common financial affairs of the parties through commingling. Fuernsteiner-Perin and Perin, 211 Or App 23, 31 (2007); Kunze and Kunze, 337 Or 122, 136 (2004).

Husband and Wife divorced nineteen months after they got married. They purchased two properties during the marriage, and while Husband provided the down payments, the titles were in both parties’ names. In the divorce proceedings, Wife was awarded one-half equity in these properties. Husband assigns error to the trial court’s division of marital property, arguing that it erred by awarding Wife one-half  of the equity in the properties when he provided the down payment. ORS 107.105 ultimately requires courts to distribute marital assets as may be just and proper under all the circumstances, and this inquiry must consider factors such as the preservation of assets; the achievement of economic self-sufficiency for both spouses; the particular needs of the parties and their children; and the extent to which a party has integrated a separately acquired asset into the common financial affairs of the parties through commingling. Fuernsteiner-Perin and Perin, 211 Or App 23, 31 (2007); Kunze and Kunze, 337 Or 122, 136 (2004). The trial court followed the correct methodology in determining a just and proper distribution by looking at how the properties were treated at the time of acquisition and during the marriage. The record shows the parties intended to share the properties in marriage and did not intend on divorce. Therefore, the trial court did not err. Affirmed.