McCarroll v. McCarroll
This text of 611 P.2d 205 (McCarroll v. McCarroll) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION
This action was commenced almost three years after a final decree of divorce had been entered approving an oral agreement for the division of community property. The purpose of the action is to have the former husband’s retirement pension *456 with the U.S. Forest Service declared a community asset and a portion of it awarded to the former wife. The oral agreement for division of community property did not include the pension and no mention was made of it during the divorce action. It is the present contention of the former wife that the former husband was guilty of fraudulent concealment of his retirement pension.
On the record presented, the district court found that the fraud, if any, was intrinsic since the former wife had a fair opportunity to present the claim she is now making to the divorce court. Colby v. Colby, 78 Nev. 150, 369 P.2d 1019 (1962). Consequently, relief is barred by NRCP 60(b). Accordingly, summary judgment was entered for the former husband. We perceive no error.
Affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
611 P.2d 205, 96 Nev. 455, 1980 Nev. LEXIS 616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarroll-v-mccarroll-nev-1980.