Oregon Court of Appeals Considers Property Division for Domestic Partners

February 11, 2009


The parties in this case never married, but lived together as a couple from 1996 until 2004.  When they moved to Oregon in 1996, Branam used $170,000 from her deceased husband’s estate to purchase a home.  The home was titled in both parties’ names and they lived there together, with Branam paying most of the expenses and Beaver contributing by performing work on the home.  When the parties separated, Branam filed a petition for dissolution of domestic partnership.  The trial court divided the equity in the home, but gave Branam credit for the payments she made to maintain the property after the parties' separation as well as the $170,000 purchase price.  Beaver appealed.
The Court of Appeals reviewed the case and found that the trial court correctly determined that the parties intended to share the property equally.  This was evidenced by their separate contributions to the property, Beaver’s testimony that he woud not move to Oregon unless his name was on the property title, and the fact that Branam put his name on the title when she purchased the home.  The Court then considered whether it was appropriate that Branam receive credit for the purchase price of the home.  The Court determined that Branam should receive credit for the $170,000, because the evidence at trial reflected Branam did not intend to make a gift of the purchase price to Beaver.  Rather, there was mutual intent that the real estate would provide shelter and support for Beaver while the parties co-habitated, but not a portion of Branam’s estate.
Read the Branam and Beaver case: http://www.publications.ojd.state.or.us/A133414.htm