Sanderson v. Sanderson

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In the first time this matter came before the Mississippi Supreme Court, the Court agreed with the chancellor that Tanya and Hobson Sanderson’s prenuptial agreement was procedurally conscionable. But the Court disagreed that potential substantive unconscionability was not a consideration. The Court reversed and remanded for the chancellor to weigh Tanya’s claim that the agreement was substantively unconscionable. Tanya had also claimed the chancellor erroneously classified as "Hob’s" separate property several assets that had been commingled with marital property. The Supreme Court agreed with Tanya regarding one asset: the couple’s joint bank account, and reversed the chancellor’s finding that the joint bank-account funds were not commingled. On remand, a different chancellor found the prenuptial agreement was substantively conscionable and thus enforceable. After a detailed "Ferguson" analysis, the chancellor then awarded Tanya $537.42 - the balance of the joint bank account at the time of Tanya and Hob’s final separation. Tanya appealed, arguing: (1) the chancellor failed to recognize the prenuptial agreement was unconscionable because the results of enforcement are unfair; or (2) alternatively, the chancellor erred by not expanding the scope of commingled marital assets to include Hob’s home and investment accounts. Upon review, the Supreme Court found no reversible error. View "Sanderson v. Sanderson" on Justia Law

Posted in: Family Law

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