Wilbur v. DeLapp

Rule of Law:

When distributing property acquired during a non-marital domestic relationship, courts look primarily to the express or implied intent of the parties but may also exercise equitable powers to reach a fair result based on the circumstances, including non-financial contributions.

Facts:

• A man (defendant) and a woman (plaintiff) lived together for 18 years but never married.
• Defendant was employed by the State Highway Division and was the primary wage earner, paying most of the couple's living expenses.
• Plaintiff's main contribution was as a homemaker, though she also contributed her earnings from part-time work, a $5,000 inheritance, a $3,000 marriage dissolution settlement, and her social security benefits to joint household expenses.
• In 1977, defendant purchased the house they lived in, taking title in his name only, using a VA loan.
• Plaintiff sold her own jewelry to pay for repairs required for the house to qualify for the loan.
• Defendant paid the mortgage and all utility bills except for the telephone.
• Over the course of the relationship, defendant accumulated approximately $33,000 in a PERS retirement account, for which plaintiff was the named beneficiary until their separation in 1989.
• Shortly before the separation, defendant purchased a lot in La Pine in his name alone.

Procedural Posture:

• Plaintiff and defendant separated after 18 years of cohabitation, leading to a dispute over the division of their assets.
• The dispute was brought in an Oregon trial court for a resolution in equity.
• The trial court declared the parties to be equal co-tenants in the house, awarded plaintiff one-half its rental value post-separation, and granted plaintiff a $15,000 judgment representing her interest in defendant's PERS retirement account.
• The trial court awarded the La Pine property to defendant.
• Defendant appealed the trial court's judgment to the intermediate appellate court, and plaintiff filed a cross-appeal.