Marriage of Montague CA4/3

I. INTRODUCTION

When Darrell and Judy Montague got divorced in 1993, they had two young children, ages five and three, and a house in Westminster worth $16,000 less than what they had paid for it. The primary residence of the two children was to be with their mother, Judy. So the couple made a deal, embodied in a stipulation for judgment, with regard to the disposition of the Westminster house: They would list it with a mutually- agreeable realtor, and if the house sold within 90 days they would divide the net proceeds equally. But if the house didn’t sell within 90 days, the entirety of the “right, title and interest” in the property would go to Judy. Meanwhile, Judy would have to keep up all mortgage, tax and insurance payments. As the trial court would find some 20 years later in the hearing giving rise to this appeal, Darrell prevented the sale by the expedient of simply not signing the necessary paperwork. As a result, the house was never sold. Judy stayed, made all the payments, and all equity in the house today is the direct result of her payments. Darrell, however, was still on the title, so he gave his “50 percent interest” – or at least what he may have thought was his…