Opinion · Orlaw Oregon

WYATT v. WYATT, 45 Or. App. 1047 (1980)

In the Matter of Marriage of WYATT, Appellant, & WYATT, Respondent., 608 P.2d 1235 (Or. Ct. App. 1980)

Type
Opinion
Court
Orlaw Oregon
Jurisdiction
Orlaw
Date
1980-06-10
Topic
general

WYATT v. WYATT, 45 Or. App. 1047 (1980) 608 P.2d 1235 In the Matter of the Marriage of WYATT, Appellant, and WYATT, Respondent. No. 54360, CA 15773Oregon Court of Appeals.Argued and submitted March 26, 1980 Affirmed as modified April 21, 1980Reconsideration denied May 29, 1980Petition for review denied June 10, 1980 (289 Or. 275) Appeal from Circuit Court, Linn County. Courtney R.

Citator

UpLaw has not yet analyzed WYATT v. WYATT, 45 Or. App. 1047 (1980). The absence of a flag is not a finding that it is good law.

WYATT v. WYATT,45 Or. App. 1047(1980)
608 P.2d 1235
In the Matter of the Marriage of WYATT,Appellant,and WYATT,Respondent.
No. 54360, CA 15773
Oregon Court of Appeals.
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.Page 1048

[EDITORS' NOTE: THIS PAGE IS BLANK.]Page 1049
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.Page 1050

[EDITORS' NOTE: THIS PAGE IS BLANK.]Page 1051