Hiller v. Hiller
Annotate this CaseIn 2013, the circuit court entered a divorce decree dissolving the marriage of James and Jennifer Hiller. In distributing the parties’ marital assets, the court ordered that James assume all of the marital debt but $500,000 and ordered him to make best efforts with the bank and cooperate to remove Jennifer “from the liabilities as otherwise provided herein.” When James did not remove Jennifer from the assigned liabilities, the court ordered that it would compel James to sell personal property if he did not remove Jennifer from his assigned liabilities by a certain date. The Supreme Court affirmed in part and reversed in part, holding (1) the circuit court erred when it impermissibly modified the marital property division by forcing James to sell property if he did not restructure or refinance prior to the set deadline; and (2) the circuit court did not abuse its discretion when it denied James’s S.D. Codified Laws 15-6-60(b) motion to re-open the property division.
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