In Re the Dissolution of the Marriage of York, 569 P.2d 32 (Or. Ct. App. 1977). · Go Syfert
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In Re the Dissolution of the Marriage of York, 569 P.2d 32 (Or. Ct. App. 1977). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, last quoted 1999 · 2 courts · …as nearly as possible in the financial position they would have held if no marriage had taken place. ✓
cited 2× by 2 distinct cases, last quoted 1996 · 2 courts · …while both parties should share in the increase in value of marital assets, the general approach in dividing property after a short-term marriage is to place the parties as nearly as possible in the financial position they would have held if no marriage had taken place. ✓
94 citation events (7 in the last 25 years) across 5 distinct courts.
Strongest positive: Rose v. Rose (alaska, 1988-06-10)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Rose v. Rose (2×)
Alaska · 1988 · confidence medium
Id. at 33 (emphasis added; citations omitted).
cited Cited as authority (rule) Peterson v. Peterson
Utah Ct. App. · 1988 · confidence medium
In re Marriage of Seefeld, 294 Or. 345 , 657 P.2d 201, 204 (1982) (quoting In re Marriage of York, 30 Or.App. 937 , 569 P.2d 32, 33 (1977)).
discussed Cited "see" In re the Marriage of Enders (2×)
Or. Ct. App. · 1998 · signal: see · confidence high
See York and York, 30 Or App 937, 939 , 569 P2d 32 (1977).
discussed Cited "see" In re the Marriage of Dull (2×)
Or. Ct. App. · 1990 · signal: see · confidence high
See York and York, 30 Or App 937 , 569 P2d 32 (1977).
discussed Cited "see" Matter of Marriage of Stice (2×)
Or. · 1989 · signal: see · confidence high
See York and York, 30 Or App 937 , 569 P2d 32 (1977).
discussed Cited "see" In re the Marriage of Palmerton (2×)
Or. Ct. App. · 1983 · signal: see · confidence high
See, York and York, 30 Or App 937 , 569 P2d 32 (1977).
examined Cited "see" Matter of Marriage of Miller (9×)
Or. · 1983 · signal: see · confidence high
See, York and York, 30 Or App 937 , 569 P2d 32 (1977).
examined Cited "see" Matter of Marriage of Jenks (3×)
Or. · 1982 · signal: see · confidence high
See, York and York, 30 Or App 937 , 569 P2d 32 (1977).
discussed Cited "see, e.g." In re the Marriage of Ward (2×)
Or. Ct. App. · 2000 · signal: see, e.g. · confidence low
See, e.g., York and York, 30 Or App 937 , 569 P2d 32 (1977).
Retrieving the full opinion text from the archive…
In the Matter of the Dissolution of the Marriage of YORK, Respondent, and YORK, Appellant
37259, CA 7629.
Court of Appeals of Oregon.
Sep 12, 1977.
569 P.2d 32
1977 Ore. App. LEXIS 1753
Tim Armbruster, Newport, argued the cause and filed the brief for appellant. Kurt Carstens, Newport, argued the cause and filed the brief for respondent.
Schwab, Tanzer, Richardson.
Cited by 37 opinions  |  Published
[*939] TANZER, J.

This is an appeal from the property division provisions of a decree dissolving a two-year marriage. Most of the assets of the marriage were brought to it by the husband, who was also the principal wage earner. During the marriage, there was no substantial growth in the value of the marital estate. The funds for the pinchase of the family home came from the sale of certain property which the husband had brought to the marriage. The equity in that home is now the principal asset of the parties. The husband received slightly over half the value of all the marital assets, but the wife was awarded the major portion of the assets acquired during the marriage, including the entire equity in the home. Husband wants half of that equity. The equity is worth about $17,000.

Where the marriage is of short duration and neither party has foregone employment opportunities, the amount of each party’s contribution to assets acquired during the marriage is a more important factor in formulating an equitable property division than it would be after a long-term marriage where one spouse relinquished employment to care for the family. Cf., Nolan and Nolan, 20 Or App 432, 532 P2d 35 rev den (1975). While both parties should share in the increase in value of marital assets, the general approach in dividing property after a short-term marriage is to place the parties as nearly as possible in the financial position they would have held if no marriage had taken place. Cf., Wirthlin and Wirthlin, 19 Or App 256, 527 P2d 147 (1974). McQueen and McQueen, 30 Or App 165, 566 P2d 208 (1977).

The award of the residence to the wife in this case was far out of balance with the relative contributions of the parties to the marital estate. We therefore modify the decree to award the husband a judgment of $8,500, without interest, secured by a lien on the house, to be paid by the wife within six months of the entry of the new decree. This gives the husband half[*940] the equity in the residence while allowing the wife to sell the home or retain it for her own use.

Affirmed as modified. No costs to either party.