Anderson v. Anderson

Husband filed an action to foreclose a mortgage on real property purportedly created by the decree dissolving the parties’ marriage. He moved for summary judgment. Wife also moved for summary judgment, contending that a mortgage was not created by the provision in the decree, and moved to modify the decree. The court granted wife’s motion for summary judgment, dismissed husband’s foreclosure action and modified the decree. Husband appeals the final judgments in both proceedings. The cases have been consolidated on appeal.

The dissolution decree, entered in 1979, provided:

“(b) The house of the…