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Stone v. Stone

Res judicata did not bar the husband's claim that his ex-wife breached their settlement agreement by not indemnifying him for debts she incurred through a credit line on their marital home, which she acquired after their separation.

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William Stone sued his ex-wife, Sherree, for indemnification under their divorce settlement agreement, breach of fiduciary duty, and fraud. Sherree moved to dismiss, arguing that the claims were barred by res judicata. The trial court dismissed the action, and we granted William’s application for discretionary appeal.1 For reasons that follow, we affirm in part and reverse in part. The underlying facts are not in dispute. William and Sherree separated on August 28, 2005, and William filed for divorce the following month. While the divorce was pending, Sherree obtained five cash advances totaling $21,750 from an equity line of credit secured by the couple’s marital home. She deposited the money in her individual bank account and used it for personal expenses. Sherree informed William about the advances during a deposition on March 13, 2006.

The parties eventually negotiated a divorce settlement and announced the terms of their agreement at a hearing on April 12, 2006. Among other things, they agreed that William would receive the marital home. They also agreed that William would be responsible for all marital debts incurred prior to the August 28, 2005 separation, and Sherree would pay “her personal credit cards and other bills that she . . . incurred since that time.”

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