Ryder v. RyderAnnotate this Case
Wife and Husband’s marriage was dissolved via a decree entered in 2013. Prior to the decree, the parties entered into a property settlement agreement that required Wife to leave the marital home and required Husband to “assist” Wife in obtaining a bank loan to purchase a residence. The dissolution decree adopted the agreement. The bank, however, declined to make the loan without Husband’s cosignature. The district court granted Husband’s motion a modify the dissolution decree and vacated Husband’s obligation to assist Wife in obtaining a loan, concluding that Husband’s obligation to assist Wife in obtaining a loan was too vague to be enforceable. The Supreme Court vacated in part, holding that although Husband’s obligation to assist Wife in obtaining a loan was ambiguous, such ambiguity did not provide a basis to modify the dissolution decree, and absent a finding of fraud or gross inequity, the district court abused its discretion in vacating the portion of the decree implementing the assistance clause. Remanded for the district court to determine whether the assistance clause had been satisfied.