In re the Marriage of Seefeld

657 P.2d 201, 294 Or. 345, 1982 Ore. LEXIS 1341
CourtOregon Supreme Court
DecidedDecember 30, 1982
DocketCA A20769, SC 28639
StatusPublished
Cited by17 cases

This text of 657 P.2d 201 (In re the Marriage of Seefeld) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Marriage of Seefeld, 657 P.2d 201, 294 Or. 345, 1982 Ore. LEXIS 1341 (Or. 1982).

Opinions

ROBERTS, J.

In this dissolution of marriage case we allowed review to determine the proper distribution of property brought into the marriage by one of the parties.

The parties were married for five years; one child was born during the marriage. Husband brought into the marriage approximately $37,000 which included $11,300 he invested in the purchase of the parties’ residence.1 The difference remaining is primarily his retirement fund contributions, life insurance cash value and an automobile. He also brought to the marriage a stamp collection valued at $50,000 at the time of trial. Wife’s assets at the time of the marriage were $3,450 which included her retirement contributions, the value of household furniture and an automobile. At the time of dissolution the value of the home had increased so that it had an equity of approximately $43,000. Husband’s income at the time of trial was $774 net per month although he had previously been a chemistry professor at a community college earning a much greater salary. Wife’s salary as a secretary was $611 net per month. The court ordered husband to pay child support of $200 per month and spousal support of $50 per month for five years. It made the following distribution of property.

“Asset Husband Wife Petitioner Respondent

“Family Residence $68,000

24,800 (mortgage)

$43,200 (equity) $43,200

2,500 ‘Furniture

‘Petitioner’s Retirement $19,500

‘Respondent’s Retirement 2,500

‘Petitioner’s Life Ins. (cash value) 6,866

‘Stamp Collection 50,000

‘Cash - Savings Acct. 2,000

‘1939 Dodge Car 2,000

‘Camera, Stereo, Furniture, Office Furniture, 1964 Chrysler in his possession 2,100

‘TOTALS $80,466 $50,200’

[348]*348Husband contends the court should not have included the stamp collection in the distribution of assets and that the remainder of the property should have been divided so that the parties were placed as nearly as possible in the financial position they would have held if no marriage had taken place.

We recently considered the question of the proper distribution of inherited property, Pierson and Pierson, 294 Or 117, 653 P2d 1258 (1982), in which the kinds of property described in ORS 107.105(1)(e) are analyzed. ORS 107.105(1)(e) provides:

“Whenever the court grants a decree of annulment or dissolution of marriage or of separation, it has power further to decree as follows:
<<* ‡ ‡
“(e) 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. The court shall consider the contribution of a spouse as a homemaker as a contribution to the acquisition of marital assets. There is a rebuttable presumption that both spouses have contributed equally to the acquisition of property during the marriage, whether such property is jointly or separately held. Subsequent to the filing of a petition for annulment or dissolution of marriage or separation, the rights of the parties in the marital assets shall be considered a species of co-ownership, and a transfer of marital assets pursuant to a decree of annulment or dissolution of marriage or of separation entered on or after October 4, 1977, shall be considered a partitioning of jointly owned property. The court shall require full disclosure of all assets by the parties in arriving at a just property division. In arriving at a just and proper division of property, the court shall consider reasonable costs of sale of assets, taxes and any other costs reasonably anticipated by the parties.”

We said in Pierson that this statute includes two terms which describe classes of property.

“The first term appears in the first sentence and describes the entire class of property within the [349]*349dispositional authority of the court in a dissolution case: ‘the real or personal property, or both, of either or both of the parties.’ * * *
“The other term, ‘marital assets,’ appears later in the statute. It is not further defined, but the reference to ‘acquisition of property during the marriage’ indicates that it includes neither assets brought into the marriage by either spouse nor assets acquired by them after dissolution. The term ‘real or personal property, or both, of either or both of the parties’ in the first sentence describes a larger class of property than the term ‘marital assets’ because it can include property owned prior to the marriage. The upshot is that property may be subject to the authority of the court to divide property, yet not be a marital asset.” Pierson and Pierson, supra, 294 Or at 121-122.

Husband’s stamp collection is not a marital asset but it is, nonetheless, properly included in the property which the court has authority to divide. Also, the amount husband contributed initially to the purchase of the residence of the parties was properly included.

Of significance to this case is the fact that husband contends a five year marriage is a short-term marriage.2 Husband asks that he be awarded his stamp collection, that the home be sold, that he be reimbursed for his investment in the home of $11,300, and that the remaining proceeds from the sale be divided equally between the parties, giving them each approximately $16,000. The Court of Appeals has addressed the question of distribution of property in short term marriages and held:

“Where the marriage is of short duration and neither party has foregone employment opportunities, the amount of each party’s contribution to assets acquired during the marriage is a more important factor in formulating an equitable property division than it would be after a long-term marriage where one spouse relinquished employment [350]*350to care for the family. * * * While both parties should share in the increase in value of marital assets, the general approach in dividing property after a short-term marriage is to place the parties as nearly as possible in the financial position they would have held if no marriage had taken place. * * *” (Cites omitted.) York and York, 30 Or App 937, 939, 569 P2d 32 (1977).

In York the husband brought most of the assets to the marriage with the principal asset being the family home purchased with funds received from the sale of husband’s assets. The trial court had awarded husband over half the parties’ assets, but the Court of Appeals, in light of the two year marriage, awarded the husband an additional judgment equal to half the equity in the home. We see nothing wrong with the rule in York nor its application to the facts there.

We said, however, in Jenks and Jenks, 294 Or 236, 656 P2d 286 (1982) that there is a better way to describe the reason for dividing property than simply characterizing marriages as short-term, long-term or something in between. In Jenks we said,

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Cite This Page — Counsel Stack

Bluebook (online)
657 P.2d 201, 294 Or. 345, 1982 Ore. LEXIS 1341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-seefeld-or-1982.