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Date: 06-11-2024

Case Style:

In re the Marriage of: Peggy Leann Smith and William Michael Smith

Case Number: DR-19-48

Judge: Ray J. Dayton

Court: Third Judicial District Court, Powell County, Montana

Plaintiff's Attorney:



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Defendant's Attorney:



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Description:


Libby, Montana family law lawyers represented petition and respondent in a divorce.




Mike and Peggy Smith (Peggy) were married in 1977. In 1987, they jointly purchased a 158-acre property in Powell County, Montana (Property). In December 2019, Peggy petitioned for dissolution of the parties' marriage and equitable apportionment of their marital estate. During negotiations in late summer 2020, the parties settled on an agreed partition of the Property. Peggy thus commissioned a licensed land surveyor (Tom Moodry) to prepare a proposed certificate of survey (COS) which, upon co-owner signatures and filing, would divide the Property as agreed pursuant to a contemplated marital settlement agreement.[1] Moodry initially produced a preliminary draft COS.

Outcome: Reversed and remanded.

In re Marriage of: Smith, 2024 MT 124N, DA 22-0580 (Mont. Jun 11, 2024)

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