In re the Marriage of EvansAnnotate this Case
Spouses entered into a written agreement to resolve the property rights to their residence. Husband agreed to buy out the wife's interest for one-half the value of the equity. At issue was whether a property settlement agreement was valid and enforceable when executed by spouses after they have separated but before a petition for dissolution of marriage has been filed and without an exchange of disclosure declarations. The trial court ruled that such an agreement was enforceable and stated the terms of the agreement would be incorporated into the judgment of dissolution of marriage that divided the community property. The court interpreted section 2105(a) and the other provisions of Chapter 9 to mean that an exchange of disclosure declarations is not required for a pre-petition agreement to be enforceable, even when spouses make the agreement in contemplation of dissolution. The court did not read In re Marriage of Burkle as supporting an interpretation that extends the statutory disclosure requirements to pre-petition agreements. Accordingly, the court affirmed the judgment of the trial court.