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Wolfe and Wolfe

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 03-14-2012
  • Case #: A139934
  • Judge(s)/Court Below: Haselton, P.J. for the Court; Brewer, C.J.; and Duncan, J.

Limited integration of separate property assets into the common financial affairs of a long term marriage significantly affect the distribution of marital property.

Appellant Gillian Heath Wolfe appeals the trial court鈥檚 award of $10.3 million in separate property assets to appellee Douglas Randall Wolfe. Gillian and Douglas disputed whether $10.3 million in a separate property is a marital asset. The disputed property originated in the 1950鈥檚 from a devise from Douglas' grandfather. During their thirty plus years of marriage, Douglas used funds from the property to supplement the families鈥 income. The trial court held that Douglas had 鈥渞ebutted the presumption of equal contribution鈥 because the value of the inherited assets had appreciated independently. Additionally, no attorney鈥檚 fees were awarded. Gillian appealed and the Court of Appeals modified the award to a $2 million equalizing judgment due to the commingling of funds and the marriage duration. The Court also rejected spousal support for the wife. The decision regarding attorney鈥檚 fee was vacated and remanded for reconsideration. Otherwise affirmed.

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