In re Marriage of Keedy

813 P.2d 442 (1991)

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In re Marriage of Keedy

Montana Supreme Court
813 P.2d 442 (1991)

Facts

Michael Keedy (plaintiff) started collecting baseball cards as a child. At the time of his 1973 marriage to Carol Keedy (defendant), Michael had amassed a collection (premarriage collection) worth $5,000. During the next approximately 16 years of marriage, the value of the premarriage collection increased, and Michael acquired many other cards. Michael and Carol separated in 1989, resulting in the need to equitably distribute their marital property. The parties disagreed about how to treat the collection of more than 100,000 cards. They agreed that the premarriage collection was worth $5,000 at the time of the marriage and that the marital estate should exclude that amount. However, Michael argued Carol should not share in the increased value of the premarriage collection during the marriage because she did not contribute to that increased value. By contrast, Carol sought half of the premarriage collection’s increased value on the ground that she contributed to the collection’s maintenance and growth by (1) encouraging Michael to collect cards, (2) buying products associated with specific cards, (3) protecting the cards from a flood, and (4) sacrificing financially to facilitate card purchases. Although Michael presented evidence regarding which specific cards comprised the premarriage collection, the trial court concluded that it could not identify which cards, out of more than 100,000 cards, Michael had acquired before the marriage. Accordingly, the trial court ruled that the full collection (including the premarriage collection) should be split evenly. It thus ordered Michael to divide the full collection into two sets and allow Carol to choose one set. Michael appealed.

Rule of Law

Issue

Holding and Reasoning (Gray, J.)

Dissent (Trieweiler, J.)

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