Patzer v. Patzer

Plaintiff, Charlotte May Patzer (Mrs. Patzer) filed a complaint for partition of personal property; namely defendant’s (Mr. Patzer) military pension. The District Court of the Eighth Judicial District, Cascade County, granted defendant’s motion to dismiss pursuant to Rule 12, M.R.Civ.P. Plaintiff appeals. We affirm.

The sole issue for our consideration is whether the District Court erred in granting defendant’s motion to dismiss.

Mr. and Mrs. Patzer were married in 1966 and divorced in 1979. The parties entered into a separation agreement (Agreement). After specifically finding that the…