Keep v. Indorf
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In this case, the Maine Supreme Judicial Court reviewed a dispute between Heather Keep and Christopher Indorf regarding the division of real estate they owned jointly. Keep and Indorf were unmarried domestic partners who had one child together. They purchased a house in Saco together, with Indorf contributing the down payment and both parties being liable for the mortgage. When their relationship ended, Keep moved out and Indorf assumed sole responsibility for the house. Keep filed a complaint for equitable partition in 2019. During the litigation process, the parties reached a partial settlement agreement, which was placed on the record during a judicial settlement conference. The agreement stated that for the valuation and division of any expenses associated with the home, they would use the date of May 1st, when Indorf had fully assumed all responsibility for the residence.
The District Court (Biddeford, Tice, J.) eventually entered a partition judgment, setting aside the partial settlement agreement and dividing the real estate. Indorf appealed, arguing that the court abused its discretion by setting aside the settlement agreement.
The Maine Supreme Judicial Court agreed with Indorf. It found that the parties had entered into an enforceable agreement, which the lower court could not simply disregard because it appeared unfair in light of subsequent events. The supreme court held that the agreement was ambiguous and remanded the case back to the District Court to determine the meaning of the agreement and to divide the property accordingly. The supreme court also dismissed Keep's cross-appeal as untimely.
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