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eBook details

• Title: Joseph B. P. v. Kathleen M. P.
• Author : Supreme Court of Delaware
• Release Date : January 21, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

The husband appeals an order of the Family Court, entered by Judge Karl J. Parrish, dividing certain marital property contrary to a prior agreement between the parties. Moreover, the trial Judge permitted a third party to intervene and assert claims to the proceeds of sale of this marital property. That issue is one of first impression here. Because the actions of the trial Judge were so violative of the rights of the parties, we reverse and remand with instructions that the property division agreement between the husband and wife be given effect. By virtue of this reversal there is no basis for sustaining a grant of counsel fees to the wife. That award, too, is vacated. Various difficulties arose between the parties which resulted in the wife departing the marital home. Several months later she sued in Family Court to remove the husband from the house. However, before trial the parties amicably resolved their differences and reached an agreement which provided in pertinent part:

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