SYLLABUS

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

Donald C. Sachau v. Barbara Sachau (A-33-10)

Argued March 29, 2011 -- Decided May 11, 2011

PER CURIAM

The issue before the Court is the value of a marital home subject to sale pursuant to a final judgment of divorce, when that judgment is silent regarding the value to be ascribed if the marital home is not sold upon the triggering event – the emancipation of the youngest child.

Plaintiff, Donald Sachau, and defendant, Barbara Sachau, were married in 1964 and divorced in 1979. At the time of their divorce, the parties’ two children, Donald and Hilary, lived with Barbara. Pursuant to the final judgment of divorce dated February 21, 1979, Donald was to pay Barbara $225 per month per child and Barbara was to remain in the marital home with the children. The home was to be appraised and listed for sale within 30 days of the youngest child reaching the age of 18 and graduating from high school. The judgment further provided that, after applicable costs and fees, “the proceeds shall be allocated in the following manner: (i) [Barbara] shall be paid $10,000; (ii) [Donald] shall be paid $15,000; (iii) the remaining balance shall be divided equally.”