Allen v. Allen

The opinion authored by Justice Dooley and joined by Justice Gibson would hold that the family court does not have jurisdiction to award relief on the promissory note husband made out to wife and would require wife to institute a debt collection action in superior court. My opinion, which is joined by Justice Johnson, would remand the matter to the family court for reconsideration of the property distribution in light of our reversal of the family court’s ruling construing the postnuptial agreement.

The Court’s two-two tie appears to have left the parties with an unenviable choice between…