Mamalis v. Bornovas

The primary issue presented by this case is whether a divorce decree incorporating a stipulation equally dividing the equity in a homestead between husband and wife severed their mutual rights of survivorship and thus transformed their joint tenancy into a tenancy in common. A secondary issue concerns the modification of a property division decree based upon the conduct of the parties and subsequent death of one of the spouses shortly after the divorce.

These issues were raised by the parties in a landlord-tenant action brought by plaintiff under RSA ch. 540 in Manchester District Court and…