Weber v. Weber
Decision Date | 29 May 1996 |
Docket Number | No. 950422,950422 |
Citation | 548 N.W.2d 781 |
Parties | Ruby V. WEBER, Plaintiff and Appellee, v. Herbert WEBER, Defendant and Appellant. Civil |
Court | North Dakota Supreme Court |
Thomas M. Tuntland, Mandan, for plaintiff and appellee.
Irvin B. Nodland of Nodland Law Offices, Bismarck, for defendant and appellant.
In reviewing a renounced property settlement stipulation giving substantial property of the husband to the wife after a one-month marriage, the district court limited its review to the contractual capacity of the parties, and to whether the contract was entered freely and knowingly, without fraud, duress, menace or undue influence, or genuine mistake of fact or law. Concluding the district court should have considered whether the stipulated settlement was unconscionable, we reverse and remand.
Ruby Moos and Herbert Weber were married on September 13, 1995. On October 10, 1995, Moos retained an attorney to begin a divorce action. Moos signed all the appropriate documents, including a property settlement agreement, at a meeting with Weber on October 12, 1995. Weber was not represented by counsel. Moos' attorney advised Weber he represented only Moos and Weber should retain his own attorney. Weber declined to retain his own attorney and signed the documents after reviewing them. The property settlement agreement was accompanied by a quitclaim deed giving Moos ownership of a condominium worth about $70,000 and owned by Weber prior to the marriage.
The documents were filed in the district court on October 16, 1995. Also on October 16, Weber retained an attorney and moved the district court to set aside the property settlement, including the quitclaim deed Weber executed in conjunction with the settlement. On October 20, 1995, Weber filed a motion to repossess the condominium. On October 24, Weber filed a motion of lis pendens with the district court.
In denying all three of Weber's motions, the district court stated:
The district court entered a judgment incorporating the agreement signed by the parties. Weber appeals from the district court's judgment.
The district court had jurisdiction under N.D.C.C. § 27-05-06. The appeal is timely under N.D.R.App.P. 4(a). This Court has jurisdiction under N.D. Const. Art. VI, § 6, and N.D.C.C. § 28-27-01.
Weber contends the district court abused its discretion by entering a judgment incorporating an unconscionable property settlement agreement.
A district court abuses its discretion if it acts in an arbitrary, capricious, or unreasonable manner, or if it misapplies or misinterprets the law. Smith v. Smith, 538 N.W.2d 222, 230 (N.D.1995).
In divorce cases, the district court is obligated to "make such equitable distribution of the real and personal property of the parties as may seem just and proper." N.D.C.C. § 14-05-24. In doing so, we have encouraged trial courts to recognize valid agreements by divorcing parties. Crawford v. Crawford, 524 N.W.2d 833, 835 (N.D.1994); Clooten v. Clooten, 520 N.W.2d 843, 846 (N.D.1994); Peterson v. Peterson, 313 N.W.2d 743, 744-745 (N.D.1981). The public policy concerning divorce favors a "prompt and peaceful resolution of disputes." Clooten (quoting Wolfe v. Wolfe, 391 N.W.2d 617, 619 (N.D.1986)). "[T]o the extent that competent parties have voluntarily stipulated to a particular disposition of their marital property, a court ordinarily should not decree a distribution of property that is inconsistent with the parties' contract." Wolfe v. Wolfe, 391 N.W.2d 617, 619 (N.D.1986).
District courts should not blindly accept, however, the terms the parties agree upon. See Clooten at 845-846; Crawford at 836; In re Marriage of Manzo, 659 P.2d 669, 674 (Colo.1983); Principles of the Law of Family Dissolution: Analysis and Recommendations, Tentative Draft No.2, A.L.I. § 4.01 comment (1996) ("Agreements between spouses have traditionally been subject to various procedural and substantive rules beyond those which apply to contracts generally."). We have noted the district court's duty to make a just and proper distribution of property under N.D.C.C. § 14-05-24 includes the authority to rewrite a separation agreement for mistake, duress, menace, fraud, or undue influence under N.D.C.C. § 9-09-02(1). Wolfe. We have also...
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