Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 07-02-2024
Case Style:
William J. Page v. Valarie J. Page
Case Number: 49D15-1207-DR-27801
Judge: Danielle Gaughan
Court: Superior Court, Marion County, Indiana
Plaintiff's Attorney:
Defendant's Attorney:
Click Here For The Best Indianapolis Divorce Lawyer Directory
Description:
Indianapolis, Indiana divorce lawyers represented the Petitioner and the Respondent in a marriage dissolution action.
Husband and Wife were married in May 1981. Their marriage was dissolved on October 11, 2012, and the distribution of the marital estate was settled via a settlement agreement ("the Agreement") executed by the parties and accepted by the trial court. The Agreement provided:
II. SETTLEMENT OF PROPERTY RIGHTS
Section 2. Real Property. Husband shall retain sole possession and shall be solely responsible for the mortgage payment, insurance, taxes, utilities, homeowners association dues, maintenance and upkeep of the marital residence . . . and hold Wife harmless including indemnity and attorney fees. Wife shall pay ½ of the mortgage, taxes, and insurance on the marital residence until the mortgage is paid in full. The parties anticipate the mortgage shall be paid in full within 2 years of final dissolution. In the alternative, Husband may assume, refinance or sell the marital residence within 2 years of final dissolution to remove Wife's name from the mortgage. Wife shall execute a Quitclaim Deed to remove her name from the title of the marital residence upon satisfaction of the mortgage or at a closing. In the event Husband sells the marital residence, the parties shall equally divide any and all equity in the residence after all closing costs, fees, liens, debts, [and] encumbrances have been paid in full.
III. CURRENT INDEBTEDNESS & ASSETS
With respect to the liabilities not specifically covered under the terms of this Agreement, each of the Parties shall be responsible for the debts and obligations which he or she has incurred individually since the date of separation. . . .
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: