[Download] "Charles H. Smith v. Debbie Jo Smith" by Court of Special Appeals of Maryland * Book PDF Kindle ePub Free
eBook details
- Title: Charles H. Smith v. Debbie Jo Smith
- Author : Court of Special Appeals of Maryland
- Release Date : January 12, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Charles H. Smith appeals the dismissal, pursuant to Ind. Rules of Procedure, Trial Rule 12(B)(6), of his suit based on an Ind. Rules of Procedure, Trial Rule 60(B)(7) motion which alleged the prospective application of the property settlement portion of the decree dissolving his marriage to Debbie Jo Smith is inequitable. The parties entered into a property settlement agreement which was merged into the divorce decree. The portion of the property agreement/divorce decree complained of provided that Debbie pay Charles $9,500.00, his share of the equity in the marital residence, upon the occurrence of either of two conditions - 1) her remarriage, or 2) the sale of the house. Debbie was awarded custody of the parties two minor children. Debbie has been living with a man - and has not consecrated the relationship by marriage - for three years. They have recently moved out of Charless and Debbies old marital residence into a new home. Rather than putting Charless and Debbies old house up for sale. Debbie has rented it. Charles alleges these conditions make the prospective application of the divorce decree inequitable and he is therefore entitled to relief under T.R. 60(B)(7). We affirm.