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Weber v. Weber

North Dakota Supreme Court
589 N.W.2d 358 (1999)


Facts

Ruby Moos (plaintiff) and Herbert Weber (defendant) were married on September 13, 1995. Moos retained counsel 27 days later to start a divorce action. On October 12, 1995, Moos and Weber signed a property-settlement agreement drafted by Moos’s attorney. Weber declined advice to hire counsel and signed the agreement after reading it. The agreement gave Moos title to a condominium worth $70,000 owned by Weber prior to marriage. The same day the agreement was filed with the court, Weber hired an attorney and moved the court to set aside the agreement. The district court denied Weber’s motion, finding that Weber was able to protect his own interest and that there was no evidence of mistake, fraud, or undue duress. On appeal, the supreme court remanded, because the district court should have also considered whether the agreement was unconscionable. On remand, the district court found the agreement unconscionable and set it aside, because it was one-sided, created a hardship to Weber, and was unfair under the test that would be used by a court had there been no agreement. Moos appealed, arguing the agreement was not unconscionable.

Rule of Law

Issue

Holding and Reasoning (Sandstrom, J.)

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