Wilbur v. Delapp

850 P.2d 1151 (1993)

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Nature of the Case

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Facts

P and D lived together for 18 years, but never married. When they separated in 1989, P was 63 and D was 46. During the relationship, D was employed by the State Highway Division and was primarily responsible for paying the couple's living expenses. P's main contribution was as a homemaker, although she worked during part of the relationship and contributed that money to household expenses. P also contributed an inheritance of approximately $5,000, as well as approximately $3,000 from the settlement of a dissolution of a prior marriage. In 1983, when P began drawing social security, P contributed those funds to household expenses. In 1977, D obtained a loan from the Department of Veterans Affairs and purchased the house, in his name only. P sold some jewelry to pay for repairs that were necessary for the house to qualify for the loan. D paid the mortgage and all utility bills except for the telephone bill. P and D purchased and held title to a travel trailer and a membership in Trail's End. In April 1989, D bought a lot in La Pine. P testified that they bought the land for use during their retirement. D claimed that he purchased the land for his own use. At the time of separation, D had accumulated approximately $33,000 in his Public Employees Retirement System (PERS) retirement account, for which { was the named beneficiary until the couple's separation. P had minimal savings. After the separation, D lived in the house and P lived in the travel trailer. At the time of trial, D earned a gross income of $ 2,500 per month, and P continued to draw social security of about $670 per month. The trial court held that the home was treated as 'joint property' over the years, that P made substantial economic and non-economic contributions to the home and that the parties' actions showed an intent to share the property equally. The court declared the parties to be equal co-tenants in the house. The court held that P was entitled to an award of $1,350, which represented one-half of the rental value of the home for the 18 months from the date of separation to the time of the trial, less the mortgage payments made by D. The court also granted a $15,000 judgment to P for her one-half interest in the PERS account. The court did not attach the PERS account. It awarded the travel trailer and their Trail's End membership to the parties jointly. The La Pine property was awarded to D. Both parties appealed.