Cloutier v. Cloutier

814 A.2d 979 (2003)

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Cloutier v. Cloutier

Maine Supreme Judicial Court
814 A.2d 979 (2003)

Facts

Lorenzo Cloutier (defendant) and Dawn Cloutier (plaintiff) were married in August 1987, and their marriage resulted in three children. Within their marriage, the Cloutiers purchased land in Greene, Maine, and built a house upon the land. Lorenzo’s father gave the couple the money to purchase the land and provided money for the mortgage through a mortgage on his own home. Dawn filed for a divorce in September 2000. The case-management officer issued an interim order that placed the children with Dawn in the marital home. After mediation, the Cloutiers signed a points-of-agreement form that resolved the majority of the issues in the divorce. The agreement stated that the parties would sell the marital home and use the proceeds to satisfy a debt. When the trial court began the trial in August 2001, Dawn requested the trial court disregard the mediation agreement and award sole possession of the home to her. The trial court considered the evidence and ultimately decided the disposition of the real estate would be an issue decided at the disposition hearing. At the hearing, the trial court decided the home and its proceeds should be awarded to Dawn. Lorenzo appealed the trial-court judgment.

Rule of Law

Issue

Holding and Reasoning (Saufley, C.J.)

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