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Harris v. Frank-Harris

Supreme Court of Delaware

March 7, 2014

SHAWN J. HARRIS, Respondent Below-Appellant,
v.
STEPHANIE FRANK-HARRIS, Petitioner Below-Appellee

Submitted February 3, 2014.

Case Closed March 25, 2014.

Editorial Note:

This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.

Court Below: Family Court of the State of Delaware in and for Sussex County. No. CS02-04115.

Before HOLLAND, JACOBS, and RIDGELY, Justices.

OPINION

Henry duPont Ridgely, Justice.

ORDER

On this 7th day of March 2014, it appears to the Court that:

(1) Respondent-Below/Appellant Shawn J. Harris[1] (" Husband" ) appeals from a Family Court order granting the petition of Stephanie Frank-Harris (" Wife" ) requesting specific performance of a marital property agreement requiring Husband to sell their marital home. Husband raises two claims on appeal. First, Husband contends that the Family Court erred when it found that he was in contempt of the separation agreement. Second, Husband argues that Family Court disregarded the terms of the parties' marital property agreement. We find no merit to Husband's appeal. Accordingly, we affirm.

(2) Husband and Wife were married in 1998. They separated in July 2002 and were divorced by final decree of the Family Court on March 5, 2003. In January 2004, the couple executed an agreement to divide the marital property (the " Marital Property Agreement" ). The Marital Property Agreement provided a method to dispose of the marital property, including the marital home located in Georgetown. Under the agreement,

Husband shall become sole and exclusive owner of the marital real estate and mobile home located [in Georgetown]. Wife shall waive her interest in the marital residence and the equity therein, and shall convey her interest in the same to him for value by execution of a good and sufficient deed, to be prepared and recorded at Husband's expense, and to be executed upon completion of the terms of this Agreement. Within 45 days of the signing of this agreement, Husband shall (1) pay Wife the sum of Seventy Thousand Dollars ($70,000.00) and (2) shall either (a) pay off the balance of the [mortgage] debt or (b) refinance the [mortgage] debt to remove Wife's name. Husband shall indemnify and hold harmless Wife for any and all liabilities of whatsoever kind, type or nature, which may arise as a result of ownership of the residence and real estate.
Should Husband fail to pay [W]ife and remove Wife's name from the debt on the mobile home within 45 days, the property shall be listed For Sale with a realtor of Wife's choice. Upon its sale, Wife shall be entitled to $70,000 or 50% of the proceeds, whichever is greater.

(3) In 2005, the Family Court granted Wife's Petition for Specific Performance because Husband had failed to provide Wife with the $70,000 or put the residence on the market. This eventually led to the property being listed with a realtor in 2007 for $349,000. The ...


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