Martian v. Martian

MESCHKE, Justice.

Nick Martian appeals from a post-divorce judgment which imposed a constructive trust on the marital home to enforce payments to Betty Martian for property division as well as for spousal support, and which reduced, rather than eliminated, his spousal support obligation. We hold that the decree ordering sale of the still jointly-owned home to pay amounts due was appropriate equitable relief. We modify the continuation of the “constructive trust” for future support payments and otherwise affirm.

Martian v. Martian, 328 N.W.2d 844 (N.D.1983), affirmed a judgment granting Betty a…