Spivey v. McClellan

Clarke, Presiding Justice.

This is an appeal from a declaratory judgment in which the trial court decided that a property settlement incorporated into a divorce decree could not be modified without the approval of the court. We reverse.

Melba Spivey and John McClellan were divorced in 1979. Pursuant to a settlement agreement that was incorporated into the divorce decree, Ms. Spivey was entitled to live in the marital residence for two years after the divorce or until her remarriage. At that time, the house was to be sold and the proceeds divided equally. Or, Mr. McClellan could pay Ms. Spivey…