Mummaw v. Mummaw

NIMMONS, Judge,

specially concurring.

If we were writing on a clean slate, I would have difficulty with that portion of the Court’s opinion which orders stricken the provision terminating the wife's exclusive use and benefit of the parties’ marital home if she “cohabits with an unrelated male” on the premises. However, in view of the consistency of expressions on the subject emanating from our appellate courts,1 I concur with the court’s opinion. *739But on remand, I would expressly permit the trial court, should it elect to do so, to amend the final judgment by including a provision of the kind…