Grabowski v. Grabowski

The questions raised in this appeal are whether the superior court has authority to reform property settlements in marital cases on the basis of mutual mistake and whether the evidence supported such a decree in this case. We answer both questions affirmatively.

The parties were divorced in 1974. Both parties signed “Permanent Stipulations” which were incorporated as part of the decree. Paragraph 4 of the stipulation reads as follows:

“4. That the equity of each party in the real estate located at 8 Loren Road, Salem, New Hampshire, shall be determined forthwith, the Libelee [defendant] to…