Kotler and Winnett

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 11-30-2016
  • Case #: A154860
  • Judge(s)/Court Below: DeHoog, J. for the Court; Sercombe, P.J.; & Tookey, J.

Trial court must clarify whether it looked at and rejected Wife’s evidence during marital dissolution or whether the evidence was overlooked.

Wife appealed distribution of assets by the trial court during dissolution of marriage proceeding. Wife argued on appeal that the trial court inaccurately calculated expenses related to residences during the marriage by using only mortgage and tax payments and not including improvements. Husband argued that the trial court had this evidence, took it into account, and properly used its discretion to determine the award amount. The Court found that the record did not reflect whether the trial court took upkeep expenses into account in its decision.  Instead, it was unclear whether the trial court had Wife’s evidence and discounted it or simply overlooked Wife’s evidence. Remanded for reconsideration and, if necessary, amendment.

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