In re the Marriage of Wyatt

Court of Appeals of Oregon

In re the Marriage of Wyatt

608 P.2d 1235, 45 Or. App. 1047, 1980 Ore. App. LEXIS 2637

CourtCourt of Appeals of Oregon

DecidedApril 21, 1980

DocketNo. 54360, CA 15773

StatusPublished

This text of 608 P.2d 1235 (In re the Marriage of Wyatt) 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.

Bluebook

In re the Marriage of Wyatt, 608 P.2d 1235, 45 Or. App. 1047, 1980 Ore. App. LEXIS 2637 (Or. Ct. App. 1980).

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Opinion

ROBERTS, J.

We affirm the provisions of the dissolution-of-marriage decree except that provision requiring the sale of the family residence and an equal division of the equity between the parties.

Because there are three minor children, aged 9, 8 and 4, who were awarded to wife, and because of wife’s testimony of the difficulty of finding other suitable living accommodations, as well as husband’s testimony that the children should stay in the family home, we modify the decree to award the family residence to wife with a judgment to husband in the sum of $15,000, together with interest at 9 percent per annum, to be paid five years from the date of the decree or at such time as the property is sold, whichever occurs first. Wife shall have obligation for mortgage payments, both principal and interest, taxes and insurance on the residence.

Affirmed as modified. No costs to either party.

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ROBERTS, J.

We affirm the provisions of the dissolution-of-marriage decree except that provision requiring the sale of the family residence and an equal division of the equity between the parties.

Because there are three minor children, aged 9, 8 and 4, who were awarded to wife, and because of wife’s testimony of the difficulty of finding other suitable living accommodations, as well as husband’s testimony that the children should stay in the family home, we modify the decree to award the family residence to wife with a judgment to husband in the sum of $15,000, together with interest at 9 percent per annum, to be paid five years from the date of the decree or at such time as the property is sold, whichever occurs first. Wife shall have obligation for mortgage payments, both principal and interest, taxes and insurance on the residence.

Affirmed as modified. No costs to either party.

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Bluebook (online)

608 P.2d 1235, 45 Or. App. 1047, 1980 Ore. App. LEXIS 2637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-wyatt-orctapp-1980.