IN RE MARRIAGE OF GITHENS

150416210; A130128.

204 P.3d 835 (2009)

227 Or. App. 73

In the Matter of the MARRIAGE OF Robert GITHENS, Petitioner-Respondent, and Christie Githens, Respondent-Appellant, and Sarah "Sally" Moffett, Other-Respondent.

Court of Appeals of Oregon.

Decided April 1, 2009.


Attorney(s) appearing for the Case

John A. Hudson, Eugene, argued the cause and filed the briefs for appellant.

Jeffrey E. Potter argued the cause for respondents. With him on the briefs were Gardner, Honsowetz, Potter, Budge & Ford, Eugene, and Mindy Wekselblatt.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.


LANDAU, P.J.

The issue in this domestic relations case is the extent to which husband's beneficial interest in his mother's revocable trust can be taken into account in dividing the parties' marital property. The trial court concluded that, because the trust is revocable at the whim of the settlor, husband's interest in it is entirely speculative and, as a result, not subject to division. Wife appeals, arguing that the court erred in failing to award half of husband...

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