Olivieri v. Olivieri

HOFFMAN, Judge:

Appellant contends that the lower court should not have stricken his counterclaim for partition of real estate filed in response to appellee’s complaint for specific performance of a post-nuptial property settlement agreement.

Appellant and appellee were married on August 11, 1957, and have three minor children. Prior to their divorce on October 4, 1971, the parties entered into a property settlement agreement dated September 21, 1971. The agreement established a spendthrift trust over the parties’ home at 752 George’s Road, Philadelphia, for the exclusive use of appellee and…