Wilbur v. DeLapp

850 P.2d 1151 (1993)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Wilbur v. DeLapp

Oregon Court of Appeals
850 P.2d 1151 (1993)

Play video

Facts

Wilma Jean Wilbur (plaintiff) and Noel Lee DeLapp (defendant) lived as a cohabitational, nonmarried coupled in Oregon, a state in which common-law marriage was not recognized. During the relationship, DeLapp purchased a house in his own name with a loan from the Department of Veterans Affairs. DeLapp had a full-time job and was primarily responsible for household expenses. Wilbur also occasionally contributed to the couple’s expenses. These contributions included money from an inheritance, settlement funds from the dissolution of a previous marriage, and later, Social Security payments. DeLapp also bought land, apparently with the intent of retiring there with Wilbur. However, before this could occur, the couple’s 18-year relationship came to an end. Wilbur brought a legal action to resolve the division of assets. The trial court held that both the main house and DeLapp’s retirement account should be treated as joint property, awarding Wilbur a one-half interest, though DeLapp was awarded the retirement property. The court also made a joint award of a travel trailer and outdoor-club membership. DeLapp appealed to the Oregon Court of Appeals. Wilbur moved to have any jointly held property fully divided between the parties.

Rule of Law

Issue

Holding and Reasoning (Deits, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership