In Horn v Horn, 20-2-7698 (April 2010), Wife filed a motion to set aside the Marital Settlement Agreement so that she didn’t have to pay the debt to her former husband. The debt was secured with a mortgage in favor of the Husband. The court found that Husband’s mortgage was enforceable. The court further found that 1) Wife’s attorney could testify without violating attorney-client privilege because she waived confidentiality by raising the issue of communications with her attorney; 2) There was sufficient evidence of the validity of the Marital Settlement Agreement especially in the absence of a finding of fraud or unconscionability; 3) Wife’s attorney did not have a conflict because he had represented all the parties at one point.
Thus, if you agree to pay your spouse monies out of the sale of the marital home, you should assume that this agreement would be enforceable.
Gabrielle Strich, Esq.
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