In re the Marriage of Bushell

I concur in the majority’s result. I write separately to express my disagreement with the majority’s use of the term “marital property.”

As the Supreme Court observed in Stice and Stice, 308 Or 316, 324, 779 P2d 1020 (1989):

“ORS 107.105(1)(f) contains two terms that describe classes of property. The first term, ‘the real or personal property, or both, of either or both of the parties,’ describes the entire class of property within the dispositional authority of the court in a dissolution case. See Pierson and Pierson, 294 Or 117, 121, 653 P2d 1258 (1982). * * * The term ‘real or personal…