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MATTER OF MARRIAGE OF MASSEE

Nos. CC 93C-31338; CA A84859, SC S43076.

970 P.2d 1203 (1999)

328 Or. 195

In the Matter of the MARRIAGE OF David MASSEE, Respondent on Review, and Constance Genevieve Massee, Petitioner on Review.

Supreme Court of Oregon.

Decided January 22, 1999.

Attorney(s) appearing for the Case

J. Michael Alexander, of Burt, Swanson, Lathen, Alexander, McCann & Smith, Salem, argued the cause and filed the briefs on behalf of petitioner on review.

John Hemann, of Garrett, Hemann, Robertson, Paulus, Jennings & Comstock, P.C., Salem, argued the cause and filed the briefs on behalf of respondent on review.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM and KULONGOSKI, Justices.

KULONGOSKI, J.

We address two questions in this marital dissolution action. The first question is whether the appreciation, during the marriage, of assets brought to the marriage by husband and held separately by him is a marital asset under ORS 107.105(1)(f) (set forth below). The trial court divided the marital property without deciding this question. We conclude, as did a divided Court of Appeals sitting en banc, that such appreciation is a marital asset.

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