Hresko v. Hresko

574 A.2d 24 (Md.App. 1990)

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Nature of the Case

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Facts

H and W decided to terminate their 24-year marriage. The parties agreed to and signed a separation and property settlement agreement on July 10, 1985. According to terms of the settlement agreement, H agreed to pay $400 per month in child support, to pay the total costs of the minor child's college education, and to assume payment of certain family consumer debts. The agreement further provided that W had the option of buying out H's interest in the family home three years from the date of the settlement agreement. An order of divorce a vinculo matrimonii was entered on December 23, 1987. The voluntary separation agreement that the parties had executed two years earlier was incorporated but not merged into the order. In the summer of 1988, W exercised her option to buy out H's interest in the family home and on the day of settlement, August 4, 1988, paid H $30,000 in cash for his one-half interest. H claimed that he was 'stunned' when she fulfilled her obligation with cash. He then became convinced that a fraud had been perpetrated against him during the 1985 negotiations that led to the property settlement. This alleged fraud involved the concealment, by W, of at least $30,000 in cash at the time of the agreement. H filed a Motion to Revise Judgment and to Rescind Separation and Property Settlement Agreement. W's motion to dismiss H's motion to revise judgment was granted.