Porter v. Porter

472 So.2d 630 (1985)

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Nature of the Case

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Facts

Mary (W) and Denis (H) were married in 1948. In 1963 they purchased a house as joint tenants with right of survivorship. They were divorced in 1976. Denis married Martha and remained with her until his death in 1983. There was no modification of the H and W divorce decree which has stated that W was to have the right of exclusive occupancy of the former residence until a change of circumstances warranted a change. Martha filed a complaint for the sale of the property for division. Martha alleged that H was a tenant in common claiming that the divorce decree terminated the survivorship relationship. W moved for summary judgment. A decree of partial summary judgment was entered finding that W and Martha were cotenants in the property and each owned a 1/2 undivided interest. W appealed.