In the Matter of Marriage of Carlson

236 P.3d 810, 236 Or. App. 291, 2010 Ore. App. LEXIS 891
CourtCourt of Appeals of Oregon
DecidedJuly 28, 2010
DocketDR05100670; A135925
StatusPublished
Cited by2 cases

This text of 236 P.3d 810 (In the Matter of Marriage of Carlson) 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 the Matter of Marriage of Carlson, 236 P.3d 810, 236 Or. App. 291, 2010 Ore. App. LEXIS 891 (Or. Ct. App. 2010).

Opinion

*293 LANDAU, P. J.

Wife appeals a dissolution judgment, assigning error to the property division and the spousal support award. Husband cross-appeals, also assigning error to the property division and spousal support award, and further contending that the trial court erred in requiring him to pay wife’s attorney fees. On de novo review, ORS 19.415(3) (2007), 1 we modify the judgment by revising the property division, reducing the spousal support award, requiring the parties to bear their own attorney fees, and providing husband with a credit against the property division for his payment of wife’s attorney fees that were charged by wife to a joint credit card; we otherwise affirm.

I. FACTS

A. Background

The parties began living together in February 2000. At the time, wife worked as a cosmetologist. She had few assets; she owned a car and some Intel stock. Husband worked for The Carlson Group, a business that he owned with his brother. Husband had substantial assets, including an investment account of $37,543, a retirement account with a value of $38,000, a substantial savings account, a 1,200-square-foot house on Mara Court, and his half interest in The Carlson Group, valued at the time at $186,000.

While living together, the parties shared some expenses and household responsibilities. Husband paid the mortgage and utilities, and wife paid for household items and groceries. Wife encouraged husband to let go of his housekeeper, and then took over the housekeeping duties, including the cleaning, cooking, laundry, and care of the parties’ pets. She undertook to redecorate the house and paid for many household items out of her own funds.

Other than sharing household expenses, however, the parties did not commingle their assets or finances. There were no joint accounts; husband did not transfer to wife any *294 interest in any of his bank, stock, or retirement accounts. Likewise, husband did not transfer to wife any interest in his business or in his real estate. Husband did tell her that she should consider the Mara Court house to be “theirs.” He also shared his financial information with wife and told her that on paper “we’re millionaires.”

In 2000, wife, who has a history of back problems, began experiencing more severe symptoms. In September 2001, she had back surgery. After her surgery, wife was unable to return to work and she had no income. Husband added her name to one of his credit cards.

In February 2002, the parties were married in Hawaii. In the summer of2002, the parties decided to sell the Mara Court house and move to a larger home. Wife assumed responsibility for the sale, including marketing the property and negotiating with the buyer. The parties used the proceeds of the sale as a down payment for the purchase of a house of approximately 5,000 square feet (the West Linn house). Wife coordinated the move to the West Linn house, and oversaw the packing and unpacking of their belongings. Because husband had stronger credit, the parties purchased the home in his name.

Husband’s business continued to grow. At the time of the marriage in February 2002, the value of the business had grown to $1.2 million. The business’s value included a significant amount of retained earnings. Wife did not have any involvement in the business itself; however, she decorated husband’s offices and discussed the business with him.

In September 2002, one month after moving into the West Linn house, wife reinjured her back when she fell after tripping over a dishwasher rack that had been left on the floor by a repairman. Wife recovered a substantial settlement as a result of that injury. In the meantime, however, wife became increasingly dependent on anti-inflammatory and pain medications. She suffered from depression and anxiety. She developed side effects of her pain medication, including migraines, acid reflux, and hair loss.

Nonetheless, wife managed her symptoms and accomplished many projects around the house. With the *295 assistance of a housekeeper who cleaned twice a month, wife continued to be responsible for the management of the household. She oversaw repairs of the plumbing and electrical systems and the replacement of the furnaces and air conditioners. In addition, wife undertook and oversaw a redecorating of the West Linn house and a redesign of the landscaping. Wife was also primarily responsible for overseeing the maintenance of the parties’ cars. Husband had household responsibilities as well, including maintaining the exterior of the house, mowing the lawn, and taking out the garbage, but his duties were not as extensive as wife’s. The parties shopped together for new furniture, but wife alone selected decorating items. Wife enjoyed decorating, and during 2003 she completed an interior design program and became certified as an interior designer.

In September 2004, wife had a second back surgery, and her back condition began gradually to improve. But she continued to experience back pain, as well as symptoms related to her dependence on medication. In September 2005, she and husband decided that she should undergo a one-week detoxification therapy at a Florida clinic to reduce her dependence on pain medication. Husband accompanied her, but, before leaving for Florida in October 2005, he told her that he would be seeking a divorce when they returned.

In November 2005, husband filed a petition for dissolution. Wife filed a response and subsequently sought and received the court’s permission to file an amended response asserting a separate, stand-alone claim for dissolution of a domestic partnership with respect to the years that the parties had cohabited before the marriage. Although no amended response was filed, the dissolution judgment recites that the parties had cohabited prior to the marriage and that the marriage terminated their “domestic partnership.”

At the time of trial, husband, then 44, was in excellent health. Wife, 37, continued to suffer from back pain and other related health issues. Husband continued to be employed in The Carlson Group. Wife, meanwhile, was unemployed, and the evidence at trial shows that, although she is highly motivated to begin work as an interior designer, *296 it is unlikely that she could sustain full-time employment in the near future, because of health issues.

At the time of trial, the marital property consisted of the West Linn house, with a net equity of $349,606; husband’s 401(k) profit-sharing plan, with a net after tax value of $62,870; husband’s investment account, with a value of $193,805; the parties’ joint checking account, with funds of $38,581; an account bearing wife’s personal injury settlement of $160,699; wife’s investment account and her Intel stock, which together had a value of about $10,000; and husband’s business. The value of the business was a matter of some dispute. Wife’s expert witness opined that the business was worth approximately $3.53 million; husband’s expert said that the business was worth $2.72 million.

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Cite This Page — Counsel Stack

Bluebook (online)
236 P.3d 810, 236 Or. App. 291, 2010 Ore. App. LEXIS 891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-marriage-of-carlson-orctapp-2010.