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In re Marriage of Davis

Court of Appeals of Oregon

January 28, 2015

In the Matter of the Marriage of Jennifer Lynn DAVIS, Petitioner-Respondent, and David William DAVIS, Respondent-Appellant

Argued and Submitted October 7, 2014

Lincoln County Circuit Court. 094383. Thomas O. Branford, Judge.

George W. Kelly argued the cause and filed the brief for appellant.

Guy B. Greco filed the brief for respondent.

Before Sercombe, Presiding Judge, and Hadlock, Judge, and Tookey, Judge.

OPINION

Page 1118

[268 Or.App. 680] TOOKEY, J.

Husband appeals a general judgment of dissolution, challenging the trial court's division of the parties' property. He argues that the trial court erred in determining that he did not rebut the presumption of equal contribution regarding money that he had received from a personal injury settlement. See ORS 107.105(1)(f) (describing the presumption of equal contribution).[1] We conclude that the trial court's determination that husband failed to rebut the presumption of equal contribution was based on a misapplication of ORS 107.105(1)(f) and relevant case law. Accordingly, we vacate the property division and remand for reconsideration, and otherwise affirm.

We begin with an overview of the relevant statute and case law. ORS 107.105 provides, in part:

" (1) Whenever the court renders a judgment of marital annulment, dissolution or separation, the court may provide in the judgment:
" * * * * *
" (f) For the division or other disposition between the parties of the real or personal property, or both, of either or both of the parties as may be just and proper in all the circumstances. In determining the division of property under this paragraph, the following apply:
" * * * * *
" (B) The court shall consider the contribution of a party as a homemaker as a contribution to the ...

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