Helen C. MacDonald appeals from an order of the Superior Court (Penobscot County, McKinley, J.) granting the motion of G. Vernon MacDonald for clarification and reformation of the judgment of their divorce. She contends that the court erred in amending the judgment with respect to the disposition of the parties’ marital property. We disagree and affirm the court’s order.
The divorce judgment was entered on May 20, 1988. The marital property set
On March 8, 1989, the husband filed a motion for clarification and reformation of the judgment because the property set apart to him as described in the referenced deeds contained only a little more than three acres instead of seventeen acres. He requested that the court construe its judgment to make clear its additional award to him of a portion of the adjoining residence property ostensibly set apart to his wife. On January 18, 1990, after written arguments of counsel and with the benefit of a real estate survey and property description, the court granted the husband’s motion and issued an order clarifying its original judgment in accordance with his request.
On appeal, the wife argues that the court was without authority to alter its earlier disposition of the parties’ marital property. This argument, in that it depends for success on acceptance of her characterization of the court’s order as a substantive amendment rather than a clarification of its prior judgment, is without merit.
Although the court’s authority to alter or amend a divorce judgment is severely limited,
see Merrill v. Merrill,
Despite the fact that the court’s clarifying order did direct that the judgment be “amended” in compliance with the order’s provisions of addition and deletion, it is clear that the court did not use the word “amended” to describe a substantive change.
See Boothbay Harbor Condominium I v. Whitten,
Whether the court properly exercised its inherent authority to construe and clarify its own judgment under the circumstances depends upon the satisfaction of an objective test. In order to uphold the court’s clarifying order, we must answer the following two questions affirmatively: (1) whether the court’s prior judgment was ambiguous as a matter of law,
see Bowley v. Bowley,
As to the first question, contrary to the wife’s contention, the 1988 marital property disposition was not clear and unambiguous, requiring no clarification. By awarding the husband seventeen acres in the body of the judgment while at the same time incorporating by reference a legal description encompassing only three acres, the division of marital property was plainly inconsistent. Accordingly, we are satisfied that the court’s initial judgment was ambiguous as a matter of law.
The second question is also easily answered in the affirmative. The record contains numerous references to the fifteen-to-
Accordingly, we determine that the court did not err in construing and clarifying its ambiguous divorce judgment.
3
The provisions of addition and deletion in the court’s order were no more thán “a convenient way of setting forth with perfect clarity that which [the court] had found was already included in the judgment by implication.”
Boothbay Harbor Condominium I v. Whitten,
The entry is:
Judgment affirmed.
All concur.
Notes
. The fact that the husband did not request court clarification until nearly ten months after entry of the judgment is not determinative. Even though the times for the usual post-judgment motions and for appeal pursuant to M.R. Civ.P. 59 and 73 respectively had long passed, the rules impose no time limit on the court’s continuing authority to clarify an ambiguous judgment.
Boothbay Harbor Condominium I v. Whitten,
. Because the record also reveals that the parties and the court both believed at the time of the divorce hearing and before the land was surveyed that the westerly portion of the residence property together with the smaller lot acquired for access purposes contained approximately seventeen acres, we are not dissuaded by the fact that the survey discloses a final award to the husband of nearly twenty-one acres.
. We do not address the wife’s argument that upholding the court’s clarification order threatens the stability and transferability of title to real property because her concern is unfounded on the facts of this case.
