Sanders v. Sanders

MOORE, Justice.

We accepted this interlocutory appeal to consider whether the Family Court has jurisdiction to hear a petition to rescind a property division agreement not merged into a divorce decree. Hanley Sanders (“husband”) appeals an order of the Family Court denying his motion to dismiss the petition of his former wife, Gretchen Ann Sanders (“wife”). The wife sought to rescind a property division agreement executed by the parties in 1984, before their uncontested divorce became final. The husband contends that the Family Court lacks subject matter jurisdiction over an independent action…