Legal Opinion · Dissent

Coffey v. Coffey

South Dakota Supreme Court

Decided December 21, 2016No. 27721Published

1DissentZinter, Justice

[ÍI24.] The circuit court’s judgment incorporated the divorcing parties’ property-settlement agreement that provided for an equal division of their net worth.' Under the agreement, Michael was awarded the home and Debra was obligated to pay the first-mortgage debt. A hold-harmless clause provided that Debra was to “save and hold [Michael] harmless” for “any liability” on that debt. She was also given the entire length of the mortgage to pay the debt. However, a separate home-sale clause provided that if Michael sold the home before the mortgage was satisfied, the mortgage was to “first”…

2Cases cited3 opinions

  1. Weitzel v. Sioux Valley Heart PartnersSouth Dakota Supreme Court · 2006
  2. Pankratz v. HoffSouth Dakota Supreme Court · 2011
  3. Pointe Development, LLC v. Enterprise Bank & TrustMissouri Court of Appeals · 2010

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