Braaten v. Braaten

DUNN, Justice.

This case involves an appeal from the judgment of the circuit court dismissing the complaint of Neis Braaten (plaintiff) seeking a partition and sale of the marital residence which was owned jointly by the parties and which was in the sole possession of Bernice Braaten (defendant) pursuant to a court order embodied in the divorce judgment. We affirm.

The residence which is the subject of the appeal is located in Canton, South Dakota. It was occupied by the parties until the time of their separation and divorce and was held in joint tenancy. On October 16, 1973, the parties were…