Wilbur v. DeLapp
Oregon Court of Appeals
850 P.2d 1151 (1993)
- Written by Eric Miller, JD
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.)
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