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