In re the Marriage of Massee

The majority concludes from the text and the context of the statute that the phrase “acquisition of property during the marriage” in ORS 107.105(l)(f) encompasses the appreciation of nonmarital property under the circumstances of this case. This results in the increases in the value of non-marital assets being considered as marital assets subject to the statutory presumption of equal contribution even though the assets themselves are not subject to the statute. I submit for the reasons that follow that that result is inconsistent with the language of the statute and the legislature’s intent.

Th…