Walker v. Erpenbach

DANIEL, Chief Judge.

Rebecca Walker appeals the dismissal with prejudice of her complaint for partition filed against her former husband, Michael Erpenbach. Walker contends that her allegations that her former husband has entered into a “de facto” marriage are *739sufficient to terminate his right to exclusive possession of the former marital home, thus entitling her to partition of the property. We disagree and affirm.

The parties were married in 1974 and have two sons, who were born in 1976 and 1979. In 1984, the parties’ marriage was dissolved. The final judgment of dissolution incorporated the…