McCartney v. McCartney

DORNEY, J.,

This matter is before the court on the preliminary objections of defendant.

Defendant objects in the nature of a demurrer to plaintiff’s complaint in partition.

Defendant argues that the action in partition must fail due to a settlement agreement signed by the parties which determines each party’s right in the property at issue.

The pertinent facts of this case are as follows:

The parties were married on July 14, 1962. In 1968, they purchased the real estate which is the subject of this action. The deed to the property is recorded in Deed Book 61-B, page 1193.

The husband and wife…