Asherman v. Asherman

Summary

The Wyoming Supreme Court reviewed a dispute over the interpretation of a divorce property settlement agreement. The court held that the agreement clearly required the remaining balance of a $155,000 debt associated with the wife's residence to be paid from the joint proceeds of the sale of property before the remaining proceeds were divided equally. The court affirmed the district court's order in favor of the wife.

Holdings

1. The settlement agreement was clear and unambiguous; the parties' disagreement about its meaning did not itself create an ambiguity.
2. The outstanding balance on the $155,000 debt resulting from Wife's purchase of the Alpine Avenue residence was to be paid from the joint proceeds of the Logan Mountain property sale before the remaining proceeds were divided equally.
3. The reimbursement provision gave Husband an alternative procedure if he paid the debt from his separate funds, but it did not make the agreement ambiguous or alter the requirement that any balance remaining at the time of the property sale be paid from the joint sale proceeds.

Questions Presented

1. Whether the settlement agreement was clear and unambiguous regarding payment of the Alpine Avenue debt.
2. Whether the agreement required the outstanding balance of the $155,000 Alpine Avenue debt to be paid from the joint proceeds of the Logan Mountain property sale before the remaining proceeds were divided equally.
3. Whether the provision allowing Husband reimbursement from Wife's share for payments he had made on the debt created an ambiguity or permitted the debt to be paid solely from Wife's share.

Disposition

affirmed