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IN RE MARRIAGE OF WOLFE

Court of Appeals of Oregon (2012) | 273 P.3d 915; 248 Or.App. 582

4 min read

TL;DR: In a 30-year marriage, a husband's $10.3 million in inherited, separately held assets were at issue. The court found that although the husband rebutted the presumption of equal contribution, the wife was entitled to a $2 million share because the assets were partially commingled and fairness required it.

Legal Significance: This case illustrates that even when a spouse rebuts the presumption of equal contribution for a separate asset, a court may still award a portion to the other spouse under a "just and proper" analysis, particularly in a long-term marriage where the asset was partially commingled.