Flores v. Escalona

Under ORS 107.105(1)(f), the Court must consider whether a division of property is just and proper in all circumstances when deciding whether an unequal distribution of real property is warranted.

Husband appealed a distribution of property after the dissolution of his marriage. The couple had been married for over 46 years and had acquired several businesses and residential properties, all of which were unencumbered. On appeal, Husband assigned error to the trial court's grant of Wife's request for an unequal division of property in her favor, instead of monthly spousal support, due to concerns that Husband might not pay support obligation. Under ORS 107.105(1)(f), the Court must consider whether a division of property is just and proper in all circumstances when deciding whether an unequal distribution of real property is warranted. The Court reasoned that the trial court did not abuse its discretion in awarding more real property to Wife instead of spousal support because the division advanced the goal of economic self-sufficiency for both spouses. Affirmed.