Matter of Marriage of Troffo

951 P.2d 197, 151 Or. App. 741, 1997 Ore. App. LEXIS 1917
CourtCourt of Appeals of Oregon
DecidedDecember 24, 1997
Docket95DO1204DS; CA A94487
StatusPublished
Cited by10 cases

This text of 951 P.2d 197 (Matter of Marriage of Troffo) 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
Matter of Marriage of Troffo, 951 P.2d 197, 151 Or. App. 741, 1997 Ore. App. LEXIS 1917 (Or. Ct. App. 1997).

Opinion

*743 EDMONDS, J.

Wife appeals from a judgment of dissolution of marriage. ORS 107.105. She argues that the trial court’s property division in the judgment is inequitable. Husband cross-appeals, arguing that the trial court erred in not awarding him one-half of the gains in assets during the marriage. We review de novo, ORS 19.125(3), and modify the judgment to provide for an equal distribution of the marital assets.

At the time of the dissolution, husband was 57 and wife was 36 years old. Husband met wife in 1982. The parties were married in 1988 and separated in 1994. In 1984, husband bought a house in San Jose, California, and wife moved into the house approximately three to six months later. Husband made the down payment and all the monthly payments, taxes, insurance and utilities on the house. After the parties moved into the San Jose house, they began extensive remodeling projects. According to wife, she did not pay any rent during the time that she lived in the San Jose house. However, she testified that she contributed money to the remodeling cost and her personal labor to the projects, including the supervision of the contractors and the wallpapering and painting of some of the rooms. Husband testified that wife paid rent during the time that they cohabited before they were married. However, husband’s income tax statements do not reflect that he received rent from wife during that time, and he concedes that he applied her monetary contributions toward the cost of remodeling.

Before the parties were married, they did not have any joint bank accounts; however, they purchased furniture and a car together and held title jointly. The assets in husband’s name at the time of marriage were as follows: (1) equity in San Jose house, $90,000; (2) USAA Annuity, $10,000; (3) Litton stock, $8,320; (4) Individual Retirement Accounts (IRAs) and money market accounts, $18,175; (5) Pentagon Federal Credit Union account, $3,640; (6) Dreyfus account, $16,520; (7) Ditigal stock, $10,000; and (8) motorcycle, $5,000. Wife had a checking account that was worth approximately $2,000.

*744 After the parties were married, they continued to remodel the San Jose house. They opened a joint checking account, and wife’s name was added to husband’s Pentagon Federal Credit Union account. Approximately eight months after the parties were married, they sold the house in San Jose and purchased what the parties refer to as the Half Moon Bay house for $500,289. When the house in San Jose was sold, the equity realized from the sale was approximately $134,000. Approximately $90,000 of that money was applied to the purchase of the Half Moon Bay house, and the rest of the money went into investments and savings. The record title to Half Moon Bay property was in both husband’s and wife’s name.

During the marriage, both husband and wife worked. Husband earned approximately $125,000, and wife earned approximately $25,000 per year. Wife received two paychecks each month. She gave husband one paycheck to apply to the mortgage payments or to put into their savings account and expended her other check on groceries and other expenses for the household. Wife also made nonmonetary contributions to the household. Those contributions included the cooking, cleaning, grocery shopping, laundry and gardening work and acting as the hostess for husband’s business parties held at the residence.

In 1992, wife concluded that the parties’ monies were not being invested wisely, and she made an appointment with a financial advisor. Together, the parties met with the counselor, who advised them to invest in a mutual fund investment company. Husband and wife then opened an account with the mutual fund company in husband’s name. The account included the purchase of a life insurance policy with wife as the owner. Also, wife acquired an IRA in her name.

In 1993, the parties sold the Half Moon Bay property for $488,000 and purchased the Tyee property for $215,000. They used $48,600 of the equity from the Half Moon Bay house as the down payment for the Tyee house. The Tyee property was held jointly. After the parties separated in late 1994, wife bought a condominium, using $13,000 that she *745 had recovered in a personal injury action and the cash value from the life insurance policy.

As of October 1994, 1 the parties’ assets and their value were as follows:

IDS Mutual Fund Accounts $155,634
Dreyfus Account $ 27,925
Pentagon Federal Credit Union Account $ 2,129
First Interstate Bank checking account $ 1,076
Tyee House, less the debt and sales costs $ 37,000
Wife’s IRA account $ 5,333
GB Federal Credit Union account $ 1,777
South Umpqua State Bank account $ 3,517
Charles Schwab account $ 1,407
350 shares of Kelly Services stock $ 9,632
IDS, cash value of life insurance $ 1,567
Condominium equity $ 25,000
Total $271,997

After trial, the trial court awarded the IDS mutual fund account, the Dreyfus account, the Pentagon Federal Credit Union account, the First Interstate Bank Checking account, and the Tyee house to husband. The remainder of the above property was awarded to wife along with an “equalizing” judgment of $15,544. According to wife, the trial court’s decision results in an award to husband of all of the assets that he brought into the marriage and “the bulk of the assets acquired during the marriage.” On appeal, she argues that, because she made substantial contributions to the San Jose property during the four years preceding the marriage, she is entitled to credit for those contributions. She also contends that she is entitled to one-half of the assets accumulated during the marriage and one-half of the appreciation during the marriage of the assets that husband brought into the marriage.

Husband responds:

“The Trial Court did not err in [not] awarding Wife * * * credit for any gain in Husband’s assets acquired before marriage because the parties did not commingle their *746 assets prior to marriage. If the Trial Court erred, it was in not awarding Husband one-half of the gain [that] the parties realized during the marriage. The net effect of the Trial Court’s decision was to award Wife some sixteen times the value of [the] assets gained during the marriage as it awarded Husband.”

According to husband’s calculations, husband was awarded assets in the amount of $207,408, and wife was awarded, including the offsetting judgment, $63,376 in assets as a result of the dissolution judgment.

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Bluebook (online)
951 P.2d 197, 151 Or. App. 741, 1997 Ore. App. LEXIS 1917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-marriage-of-troffo-orctapp-1997.