In re the Marriage of Lehr

Court of Appeals of Oregon

In re the Marriage of Lehr

599 P.2d 474, 42 Or. App. 25, 1979 Ore. App. LEXIS 3183

CourtCourt of Appeals of Oregon

DecidedSeptember 4, 1979

DocketNo. D7801-01117, CA 13539

StatusPublished

This text of 599 P.2d 474 (In re the Marriage of Lehr) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re the Marriage of Lehr, 599 P.2d 474, 42 Or. App. 25, 1979 Ore. App. LEXIS 3183 (Or. Ct. App. 1979).

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Opinion

LEE, J.

In this dissolution of a ten-year marriage, the sole issue is the division of the marital assets. The evidence showed that the personal property¹ was worth approximately $28,000 and that the family home had a net worth of like amount. Husband received the bulk of the personal property and the home, subject to a lien on the home in favor of the wife in the sum of $12,500 payable not later than August 1, 1981. Both parties were ordered to pay certain debts incurred prior to separation. Husband was ordered to pay $40 per month child support. The wife contends that the property division was inequitable. During opening statements, counsel for both parties had suggested that the property be "divided 50-50” and wife asked for child support under a proposed split custody of the two children.

We do not think that the trial court’s award to the wife was sufficient. McCoy and McCoy, 28 Or App 919, 927-28, 562 P2d 207 (1977). We modify the decree by increasing wife’s judgment lien against the home to $20,000. In all other respects, the trial court decree is affirmed.

Affirmed as modified. Costs to appellant.

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LEE, J.

In this dissolution of a ten-year marriage, the sole issue is the division of the marital assets. The evidence showed that the personal property¹ was worth approximately $28,000 and that the family home had a net worth of like amount. Husband received the bulk of the personal property and the home, subject to a lien on the home in favor of the wife in the sum of $12,500 payable not later than August 1, 1981. Both parties were ordered to pay certain debts incurred prior to separation. Husband was ordered to pay $40 per month child support. The wife contends that the property division was inequitable. During opening statements, counsel for both parties had suggested that the property be "divided 50-50” and wife asked for child support under a proposed split custody of the two children.

We do not think that the trial court’s award to the wife was sufficient. McCoy and McCoy, 28 Or App 919, 927-28, 562 P2d 207 (1977). We modify the decree by increasing wife’s judgment lien against the home to $20,000. In all other respects, the trial court decree is affirmed.

Affirmed as modified. Costs to appellant.

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599 P.2d 474, 42 Or. App. 25, 1979 Ore. App. LEXIS 3183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-lehr-orctapp-1979.

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