Court of Appeals of Oregon, 1980

In re the Marriage of Wyatt

In re the Marriage of Wyatt
Court of Appeals of Oregon · Decided April 21, 1980 · Campbell, Gillette, Roberts
45 Or. App. 1047; 608 P.2d 1235; 1980 Ore. App. LEXIS 2637

In re the Marriage of Wyatt

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.