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Wyatt v. Wyatt

Oregon Court of Appeals
Jun 10, 1980
608 P.2d 1235 (Or. Ct. App. 1980)

Opinion

No. 54360, CA 15773

Argued and submitted March 26, 1980

Affirmed as modified April 21, 1980 Reconsideration denied May 29, 1980 Petition for review denied June 10, 1980 ( 289 Or. 275)

Appeal from Circuit Court, Linn County.

Courtney R. Johns, Judge.

Robert S. Gardner, Corvallis, argued the cause for appellant. With him on the brief was Ringo, Walton, Eves Gardner, P.C., Corvallis.

Robert T. Scott, Albany, argued the cause for respondent. With him on the brief was Scott Norman, Albany.

Before Gillette, Presiding Judge, and Roberts and Campbell, Judges.


ROBERTS, J.

Affirmed as modified. No costs to either party.


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.


Summaries of

Wyatt v. Wyatt

Oregon Court of Appeals
Jun 10, 1980
608 P.2d 1235 (Or. Ct. App. 1980)
Case details for

Wyatt v. Wyatt

Case Details

Full title:In the Matter of the Marriage of WYATT, Appellant, and WYATT, Respondent

Court:Oregon Court of Appeals

Date published: Jun 10, 1980

Citations

608 P.2d 1235 (Or. Ct. App. 1980)
608 P.2d 1235