MARRIAGE OF KUNZE

(CC DO99-1014, CA A112487, SC S49796).

92 P.3d 100 (2004)

337 Or. 122

In the Matter of the MARRIAGE OF David Henry KUNZE, Respondent on Review, and Nola Maxine Kunze, Petitioner on Review.

Supreme Court of Oregon.

Decided June 17, 2004.


Attorney(s) appearing for the Case

Donald O. Tarlow, of Brown, Tarlow & Bridges, PC, Newberg, argued the cause and filed the briefs for petitioner on review.

William J. Howe, III, of Gervurtz, Menashe, Larson & Howe, PC, Portland, argued the cause for respondent on review. With him on the brief was Robin J. Wright.

Before, CARSON, Chief Justice, and DURHAM, De MUNIZ, BALMER, and KISTLER, JJ.


CARSON, C.J.

At issue in this marital dissolution action is whether a "just and proper" division of property under ORS 107.105(1)(f) (1997), set out post, requires the inclusion of assets that wife had acquired separately from husband because wife integrated those assets into the parties' joint financial affairs through commingling.1 The trial court excluded certain assets from the property...

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