Summary
The Vermont Supreme Court affirmed a family court’s interpretation of a divorce decree provision allowing the wife to deduct both principal and interest payments on specified mortgages before dividing sale proceeds from the marital home. The Court held that the phrase “capital contributions (mortgage)” was ambiguous and that the family court’s construction of the provision was reasonable and not clearly erroneous.
Holdings
- The phrase was ambiguous because reasonable people could differ as to whether it referred only to mortgage principal or to the full mortgage payments, including interest.
- The family court reasonably construed "capital contributions (mortgage)" to permit wife to deduct both principal and interest payments on the original mortgages, and that construction was not clearly erroneous.
Questions Presented
- Whether the phrase "capital contributions (mortgage)" in the parties' divorce decree was unambiguous and limited wife's reimbursement to mortgage principal payments.
- If the phrase was ambiguous, whether the family court reasonably construed it to permit wife to deduct both principal and interest payments on the original mortgages.
Disposition
affirmed
Cases Cited (10)
- Sumner v. Sumner, 2004 VT 45, , 176 Vt. 452, 852 A.2d 611(followed)
- John A. Russell Corp. v. Bohlig, 170 Vt. 12, 16, 739 A.2d 1212, 1216 (1999)(followed)
- Isbrandtsen v. N. Branch Corp., 150 Vt. 575, 580-81, 556 A.2d 81, 85 (1988)(distinguished)
- O'Brien Bros.' P'ship v. Plociennik, 2007 VT 105, , 182 Vt. 409, 940 A.2d 692(followed)
- Main St. Landing, LLC v. Lake St. Ass'n, 2006 VT 13, , 179 Vt. 583, 892 A.2d 931 (mem.)(followed)
- Willey v. Willey, 2006 VT 106, 11, 180 Vt. 421, 912 A.2d 441(followed)
- Ward v. Ward, 155 Vt. 242, 249-50, 583 A.2d 577, 582-83 (1990)(applied)
- N. Sec. Ins. Co. v. Mitec Elecs., Ltd., 2008 VT 96, 24, 184 Vt. 303, 965 A.2d 447(followed)
- State v. Spitsyn, 174 Vt. 545, 547, 811 A.2d 201, 204 (2002) (mem.)(followed)
- Trustees of Net Realty Holding Trust v. AVCO Fin. Servs. of Barre, Inc., 147 Vt. 472, 475-76, 520 A.2d 981, 983 (1986)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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