If you’ve lived in the greater Newburyport area or vacationed on Plum Island, you likely know the pink house. It’s located off Plum Island Turnpike, on the way to the island past the airport. I know I have driven past it many a time, usually peering at it with curiosity.
What on earth is that house doing over there? Clearly no one lives there now, but when did someone actually live there? It looks like it might have been cute at one point, but it looks fairly dilapidated now. What is it like inside that house anyway?
I know now I am not alone in having these thoughts about that house. I realized that this morning when I read Amanda Hoover’s article on Boston.com. She too wondered as she drove past that house growing up as a child, dreamed of rehabilitating and living there. She is not the only journalist who has fancied the property. Kate Bolick, A writer for the New York Times, wrote about the house just last week.
Each journalist highlighted the property’s backstory, which fascinated me even more. As a Newburyport divorce lawyer, I found it compelling. That’s because, as I learned, this house is the product of a 1925 divorce.
The divorce, however, was not well done—at least not for the wife who received this house. This house, called a “spite house,” was given to the wife by her husband in the case settlement. While rare today, this occasionally happens as part of a grander, more equitable distribution plan.
In the 1925 case, something clearly went terribly wrong for the wife. From what we know, the wife agreed to settle for an exact replica of the marital home in downtown Newburyport. The husband accepted, and the case concluded. He then fulfilled his obligation by building the replica for the wife.
Just one problem… He built it in the middle of nowhere, in the middle of marshland, without running fresh water. The wife, used to living in the center of downtown Newburyport, surrounded by businesses, shops, and restaurants, now found herself miles away from the bustling town center, without the utilities to live. The articles do know that there was in fact running water… running salt water. Clearly, the husband did not take the high road.
How could someone have avoided this? Better drafting. What is clear in this case is the husband was intent on making the wife’s life needlessly difficult post-divorce. And he did so in a way that eluded his wife, attorneys on the case, and the judge. Was it foreseeable that he would attempt to do something like this? We simply don’t know at this point. But, the situation highlights the importance of good, unambiguous drafting in separation agreements.
While many family law lawyers would take the position that you simply can’t plan for every possible situation, we are able to include language in settlement agreements to address the unforeseeable. For example, rather than having language that states, “husband shall build wife a house which is a replica of the marital home,” the language could state something like, “The husband shall have constructed a home for the wife in substantial conformity to the marital home. The wife will select and communicate to the husband the location within the city of Newburyport where she will build and situate the property. She may only choose plots of land offered for sale and available at a fair market value of $500,000 or less.
Wife shall communicate her selection to husband and husband shall effectuate the purchase of said property on behalf of wife and in wife’s sole name, within three months thereafter, immediately recording proof of title at the Essex County Registry of Deeds, and shall immediately apply for all necessary permits, with construction commencing no later than three months following the closing on said plot of land.
Husband shall ensure completion of the house within one year from the closing on said land purchase, and the property shall be in substantial conformity with the specifications of the marital home, both in form and function. The Husband shall bear the entirety of any and all costs of acquisition and construction of the property, including all ancillary fees and costs and shall receive said property without lien, mortgage, or other encumbrance, and the husband shall indemnify and hold wife harmless against any such instance or related debt.
Husband shall ensure the project is fully completed, including the connection of all utilities, and that all usual and customary filings of completion shall be completed by husband on behalf of wife. The party shall reasonably cooperate to effectuate this provision, and may submit any disagreements in interpretation or compliance with this provision to the Essex County probate and Family Court for determination.” See the difference?
When you represent a client from the beginning of the case through its conclusion, you learn a lot about the individual parties, their children, and the relationship. A good lawyer has the ability to foresee problems and draft a settlement agreement eliminating them. As we have heard many times before and as was highlighted by that little pink house, the devil, unfortunately, is in the detail.
Damian Turco is a divorce and family law lawyer practicing in Newburyport, Massachusetts. To schedule a consultation with Attorney Turco, call the Newburyport office at (978) 225-9030.