ELCE AND BROTHERS, 100 Or. App. 743 (1990)

788 P.2d 493

In the Matter of the Marital Partnership of ELCE, Appellant, and BROTHERS, Respondent.

16-88-02736; CA A60534Oregon Court of Appeals.Petition for reconsideration filed January 16, 1990
Affirmed as modified March 14, 1990

Appeal from Circuit Court, Lane County.

Jack Mattison, Judge.

Marc D. Perrin, Joseph Perrin, P.C., Eugene, for appellant.

No appearance contra.

Before Buttler, Presiding Judge, and Warren and Rossman, Judges.

PER CURIAM

Reconsideration allowed; former decision withdrawn; judgment modified to reduce respondent’s credit to one-half of the rental value or $3,325; affirmed as modified. No costs to either party.

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PER CURIAM

Appellant has filed a petition for review of our decision, 99 Or. App. 734, 784 P.2d 457 (1989), in which we affirmed without opinion a trial court judgment of dissolution of marital partnership. We treat the petition as one for reconsideration, ORAP 9.15(1), allow it, withdraw our former decision, modify the judgment and affirm it as modified.

The judgment awarded appellant the parties’ jointly-held rental property, subject to a lien in favor of respondent for $4,221. In determining the amount of the lien, the trial court gave respondent credit equal to the full rental value of the property during the period that appellant had resided there after the parties’ separation. She argues that, because she was a co-tenant, the trial court should have given respondent credit for only one-half of the rental value. We agree. See Beal v. Beal, 282 Or. 115, 124, 577 P.2d 507 (1978).

Reconsideration allowed; former decision withdrawn; judgment modified to reduce respondent’s credit to one-half of the rental value or $3,325; affirmed as modified. No costs to either party.

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