In Re Marriage Of Manzo

659 P.2d 669 (1983)

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Nature of the Case

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Facts

W filed for dissolution of the marriage an April 13, 1979. W and H had signed a separation agreement to the effect that she would set the price and sell their home in Parker. The agreement provided that W would get the first $60,000 and H would get any excess over $60,000. H was not represented by counsel when he signed the agreement. The house was listed for $129,000 but did not sell, and the listing was lowered to $119,000. At trial, W testified that the house was expected to sell between $100,000 and $110,000. W also testified that she was to get the first $60,000 so she could buy a condo to keep her monthly payments within her $800 gross monthly income. H's gross monthly income was $1,800. H sought to set aside the separation agreement on the basis that when he signed it, he thought the home would sell for $140,000 to $150,000. H claimed that this unilateral mistake would only give him 5-10% of the net sale proceeds when he had intended to get 40-50%. The order entered by the district court gave custody of the two children to W with H to pay $250 per month in child support, that the parties have waived maintenance, and ordered the house sold with the net proceeds to be divided 60/40. The court set aside the property settlement agreement on the basis that H's receipt of $10,000 and W's receipt of $60,000 was not fair, just or equitable. The court of appeals affirmed.