Supreme Court of Delaware

Stallings v. Stallings

August 22, 2023

Summary

The Supreme Court of Delaware affirmed the Family Court's denial of Husband's motion to enforce a separation agreement and the final ancillary order, but on narrower grounds. The Court held that the statute of frauds did not apply because the agreement referred to property sales without itself selling land or creating an interest in land. It nevertheless upheld the finding that Husband acquiesced in Wife's repudiation because the record supported that conclusion, including the parties' continued litigation and negotiation. No separate opinions were filed.