Marriage of Patterson CA5

BACKGROUND

In his application for the order for exclusive use and possession, Husband filed a declaration in support of his request. Husband declared that he had lived in the house since it was purchased in 1990. Husband and Wife were married in 1999. Husband explained that he and Wife agreed to the terms of a marital settlement agreement that included child support. According to Husband, he signed a promissory note in favor of Wife securing the child support obligation.1 However, the parties did not sign the marital

At the time of the parties’ separation, the two minor children were living with their grandparents in Idaho under a guardianship. Wife’s response to the dissolution petition stated that there were no minor children.

2. settlement agreement and it never became an order of the court. Husband declared that Wife then signed over title to her attorney, Michael York, and that York claims he is the owner of the house. In response, Wife set forth a somewhat different version of the facts supported by York’s declaration. According to Wife and York, in addition to the promissory note, Husband signed a deed of trust on the house in favor of Wife. Thereafter, title to…