Bogigian v. Bogigia

551 N.E.2d 1199 (1990)

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Nature of the Case

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Facts

David's marriage to Hazel was dissolved and Hazel got a judgment on the family home in the amount of $10,300 and that judgment was to be paid when the parties' youngest child reached emancipation, when David remarried, or if a woman was living in the residence in a married situation, or when David sold the residence or if the children or David cease to reside in the residence whichever occurs first. David sold the residence. Hazel was there and executed a quitclaim deed and a satisfaction of judgment. There was no equity in the residence so Hazel got nothing. David paid Hazel five dollars several months after the judgment as her share of the sale proceeds. Hazel sued satisfy her judgment, but the trial court concluded that the release was voidable for lack of consideration. The judgment was reinstated, and David appealed.