Leary v. Leary

The defendant appeals the recommendation of the Master (Stephanie T. Nute, Esq.), which was approved by the Superior Court (Gray, J.), ordering the defendant to discharge his mortgage on the marital home and to accept a mortgage on the marital home that would be second in priority to a $100,000 mortgage. The defendant contends that the order represents an impermissible modification of a court-ordered property settlement which provided that the defendant had a mortgage second in priority to a $20,000 mortgage. We agree and, therefore, vacate and remand.

The parties were divorced in May 1989.…