Keyser v. Keyser

451 N.W.2d 587, 182 Mich. App. 268

• Court: Michigan Court of Appeals
• Decided: February 5, 1990
• Docket: Docket 111957
• Status: Published

Opinions

Danhof, C.J.

Defendant appeals as of right from a Tuscola County trial court’s order denying her motion to set aside a property settlement agreement. We affirm.

It is a well-settled principle of law that courts are bound by property settlements reached through negotiations and agreement by parties to a divorce action, in the absence of fraud, duress, mutual mistake, or severe stress which prevented a party from understanding in a reasonable manner the nature and effect of the act in which she was engaged. Calo v Calo, 143 Mich App 749, 753-754; 373 NW2d 207 (1985). This rule applies whether the settlement is in writing and signed by the parties or their representatives or the settlement is orally placed on the record and consented to by the parties, even though not yet formally entered as part of the divorce judgment by the lower court. Howard v Howard, 134 Mich App 391, 394-395; 352 NW2d 280 (1984). The finding of the trial court concerning the validity of the parties’ consent to a settlement agreement will not be overturned absent a finding of an abuse of discretion. Id., pp 396-397.

The parties in this case were married in June, 1972. In November, 1986, defendant informed plaintiff that she was having an affair and wanted a divorce. Plaintiff testified that she told him that she did not want anything from him and that her boyfriend had property and money and had bought her a diamond ring. Defendant told plaintiff that all that she wanted was their pickup truck, her personal belongings, and custody of their two children. The parties attempted a reconciliation but were unsuccessful when, in May, 1987, defendant admitted that her affair had been ongoing.

On June 16, 1987, plaintiff saw a lawyer who prepared the necessary divorce papers, including a property settlement agreement. The agreement set out that defendant was to receive the parties’ 1977 pickup truck, her clothing and personal belongings. Plaintiff was to receive the remaining marital assets and responsibility for the marital debts. Plaintiff brought the property agreement home and defendant signed it. Defendant claims that she signed it only because plaintiff told her that she "had to.” The next day both parties went to plaintiffs attorney’s office where defendant was served with a summons and complaint for divorce. The attorney’s legal secretary testified that defendant told her that she had read and signed the property agreement and was neither coerced nor forced nor under duress when she signed it.

A default was entered when defendant did not respond to the summons and complaint. Defendant subsequently moved to set aside the default and property agreement. The trial court denied defendant’s motion to set aside the property settlement and stated in pertinent part:

The question before this Court is not whether the property settlement is "equitable” but whether the defendant freely, voluntarily and understanding^ entered into and signed the agreement. This Court is of the opinion that the property settlement is the product of the voluntary act of the defendant and ought to be enforced. The testimony of the legal secretary is totally contrary to the testimony of Mrs. Keyser and dispels the claim of coercion or fraud.

As a fact finder, I find that Mr. Keyser is far more credible than Mrs. Keyser, I find her story concerning the signing of the document at her home incredulous. The defendant has failed to establish fraud, duress or mutual mistake of fact. Tinkle v Tinkle, 106 Mich App 423; 308 NW2d 241 (1981).

The motion to set aside the property settlement is therefore considered and denied. The Court is not impressed with the division of the property in this case, however, it is not the function of this Court to interfere with the rights of the parties to bargain away their marital estate. The underlying purpose is to encourage litigants to settle their differences and to obviate the necessity of a contested hearing.”

After a thorough review of the record, we find that the trial court did not err in its findings. There was testimony that defendant had read the property agreement and was clearly aware of the parties’ marital assets and debts. Under these circumstances, we find that the terms of the property agreement were consistent with defendant’s request. We find no evidence of fraud, duress or mutual mistake or that defendant was under severe stress when she signed the property settlement agreement.

Affirmed.

R. E. Robinson, J., concurred.