Bayne v. Bayne

NATURE OF CASE

This is an appeal from a declaratory judgment action in which the ex-husband sought a declaration that he was entitled to one-half of the proceeds of a home awarded to the ex-wife in the divorce decree and sold approximately 2 years later when she decided to remarry. At issue is the meaning of a provision in the dissolution decree stating that the ex-wife would "have the home refinanced into her own name within 12 months of entry of this decree" and that should she be "unable to refinance the home into her own name within 12 months, [the] house shall be listed for sale and the…