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96 Nev. 455

611 P.2d 205

McCarroll v. McCarroll

Nevada Supreme Court

Decided May 22, 1980

Nevada Supreme Court · decided 1980-05-22

Relies on Colby v. Colby

Good law ✅— No negative treatment on recordhow we know

Decided 1980-05-22

How this case has been cited

Cited by 11 later decisions — most recently June 2014

11 state decisions

501980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 OPINION

Per Curiam:

¶2 This action was commenced almost three years after a final decree of divorce had been entered approving an oral agreement for the division of community property. The purpose of the action is to have the former husband’s retirement pension *456 with the U.S. Forest Service declared a community asset and a portion of it awarded to the former wife. The oral agreement for division of community property did not include the pension and no mention was made of it during the divorce action. It is the present contention of the former wife that the former husband was guilty of fraudulent concealment of his retirement pension.

¶3 On the record presented, the district court found that the fraud, if any, was intrinsic since the former wife had a fair opportunity to present the claim she is now making to the divorce court. Colby v. Colby, 78 Nev. 150, 369 P.2d 1019 (1962). Consequently, relief is barred by NRCP 60(b). Accordingly, summary judgment was entered for the former husband. We perceive no error.

¶4 Affirmed.

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