O'Connor v. O'Connor

*157Plaintiff and defendant were divorced pursuant to a November 23, 1993 judgment that incorporated but did not merge the parties’ separation agreement dated November 8, 1993. At issue on this appeal is the wife’s right to foreclose on a mortgage on the marital residence pursuant to the provisions of the separation agreement.

Article XVI of the agreement provided for defendant’s purchase of plaintiff’s interest in the marital residence by securing a mortgage and mortgage note in the face amount of $39,000 (of which $4,000 represented arrears in child support); the terms of the mortgage were also…