Jones v. Shannon

40 So.3d 717 (2009)

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Nature of the Case

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Facts

D and Henry were married in 1961. They acquired a home as joint tenants with the right of survivorship. In July 1988, D and Henry divorced. A separation agreement provided that the home would remain jointly held until it could be sold in a commercially reasonable manner. D was to have exclusive right to possession of the home until the home was sold. The net proceeds of the sale were then to be equally divided between the parties. In December 1990, Henry married P. On July 21, 1990, Henry purported to convey by deed his interest in the property to P. In November 2003, Henry died intestate. The property had yet to be sold. P petitioned the trial court to quiet title to the property and to order a sale for division. P and D both motioned for summary judgment. D got the judgment and P appealed.