Shafmaster v. Shafmaster

The majority correctly recognizes the long-standing common law principle that marital property settlements are not generally retained under the jurisdiction of the court and may only be set aside or modified upon a showing of fraud, undue influence, deceit, misrepresentation, or mutual mistake. See Leary v. Leary, 137 N.H. 161, 165, 623 A.2d 1346, 1348 (1993); Labbe v. Labbe, 137 N.H. 53, 55, 623 A.2d 1320, 1321 (1993). The majority’s opinion, in my view, fails to follow the principle it cites as controlling. Accordingly, I must dissent.

*469The plaintiff makes no claim on appeal that any assets…