A judge has refused to invoke the rarely used doctrine of mutual mistake to invalidate a prenuptial agreement that a woman said is blocking the equitable distribution of an asset in her divorce action.
The woman said the prenup unfairly bars her from sharing the increased value of a home her husband purchased before their marriage. Because the agreement provided for equitable distribution of the asset only if it grew in value past $750,000, Khamfong Hosmer argued the provision was a “mutual mistake” that the court should now correct to her advantage.
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