Nix v. Nix

The North Carolina Court of Appeals handed down a decision in a case yesterday handing a win for a Rice Law client.  After husband had a Separation Agreement and Property Settlement (SAPS) drafted, his wife held on to it for months.  In the intervening period, a finance company obtained a judgment against the parties for non-payment of a loan.  Wife’s retention of the SAPS during the intervening period made the indemnification portion of the SAPS not valid as to the claim by the auto loan company.  However, the broad language of the SAPS still allows recovery under the breach of contract theory.  The NC Court of Appeals affirmed the indemnification portion of its order but reversed and remanded the other claims back to the trial court. Nix v. Nix (Read the full opinion of Nix v. Nix).