In re Earnest

Michael Earnest (defendant) moved out of the marital home during a lengthy separation from Constance Dodson (plaintiff), leaving her to work two jobs, cover all household expenses, and pay $61,461 toward the mortgage alone to avoid foreclosure on a home with no equity, while he paid nothing. The divorce court, finding the spouses had comparable incomes, equitably divided their modest property, gave Dodson exclusive use of the home, and ordered Earnest to reimburse her half of what she'd paid on the mortgage plus half of ongoing monthly payments until the home sold; Earnest then filed Chapter 13 bankruptcy seeking to discharge that mortgage-reimbursement obligation.