Matter of Marriage of Knoll

The majority correctly points out that the relationship between these parties is fiduciary in character. Kosik v. George, 253 Or 15, 452 P2d 560 (1968); Norris and Norris, 51 Or App 43, 48, 624 P2d 636, rev den 291 Or 151 (1981). The fiduciary relationship results from the nature of the confidential relation between persons contemplating marriage and not dealing at arms’ length. Newton v. Pickett et al, 201 Or 225, 230, 269 P2d 508 (1954).

“A fiduciary relationship exists in all cases where there has been a special confidence reposed in one who in equity and good conscience is bound to act in…