Laster v. First Huntsville Properties Co.

OPINION

COOK, Justice.

This case presents the question whether one ex-spouse who, pursuant to a consent decree of divorce, holds a future interest in property subject to the homestead right of the other ex-spouse, can mortgage that interest. We hold that such an interest can be validly mortgaged. For the following reasons, the judgment of the court of appeals is affirmed and this cause is remanded to the trial court for a determination of the rights of the parties.

I

When Melissa and Richard Laster divorced in 1976, they entered into an agreed judgment which, among other things, divided the…