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GAMACHE v. SMURRO

No. 2004-342.

904 A.2d 91 (2006)

2006 VT 67

Lili GAMACHE v. James SMURRO.

Supreme Court of Vermont.

July 14, 2006.

Attorney(s) appearing for the Case

Jane E. Dimotis, J.

John J. Bergeron and David D. Aman of Bergeron Paradis & Fitzpatrick, LLP, Burlington, for Plaintiff-Appellee.

Brian K. Valentine of Downs Rachlin Martin PLLC, Burlington, for Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

DOOLEY, J.

¶ 1. Husband, James Smurro, appeals from a family court divorce order that distributed a portion of the equity in a property located in California to wife Lili Gamache. Husband claims that the California property is not marital property because wife signed a prenuptial agreement prior to their California marriage that waived her right to any equity in the property. We find that the prenuptial agreement was modified and superseded by husband and wife...

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