In re the Marriage of Ornelas

In Ornelas and Ornelas, 217 Or App 124, 174 P3d 1077 (2007), wife appealed from a judgment of dissolution of marriage. Concluding that certain property acquired by wife before the parties’ marriage remained wife’s separate property, we modified the property division and reversed a supplemental judgment awarding attorney fees to husband. Wife now seeks an award of fees pursuant to ORS 107.105(5).1 For the reasons set forth below, we decline to award fees in this case.

Husband objects to wife’s request for fees on two grounds. First, he correctly notes that the modified equalizing judgment that…