Staveland v. Fisher

In non-marital domestic partnership dissolution cases, distribution of assets is determined by the express or implied intent of the parties as a question of fact and is reviewed as such. Beal v. Beal, 282 Or at 115, 121-22, 577 P2d 507 (1978).

Petitioner appealed from an award granting Respondent half the appreciated value of the house they shared during the parties’ non-marital domestic partnership. Petitioner assigned error to the appellate court’s use of "abuse of discretion" as the standard of review. On appeal, Petitioner argued that the standard of review for marital cases ("abuse of discretion") does not apply to non-marital cases, in which the correct standard is for legal error. In response, Respondent argued that abuse of discretion is the correct standard. In non-marital domestic partnership dissolution cases, distribution of assets is determined by the express or implied intent of the parties as a question of fact and is reviewed as such. Beal v. Beal, 282 Or at 115, 121-22, 577 P2d 507 (1978). Because this was a non-marital dissolution, the Court found that the correct standard of review was question of fact. The Court determined that Respondent was entitled to a portion of the appreciation value because Petitioner held himself out as married to Respondent and expressly stated that all assets would remain with their respective holder except the appreciation value of the house. Affirmed.