Wooten v. Rhodus

SHARP, Judge.

This is an appeal from a final judgment which denied Wooten, the former husband, any equitable interest in Rhodus’, the former wife’s, one-half interest in real property they own as tenants in common. Wooten sued in 1982 to establish a constructive trust or an equitable interest, and sought partition. After a non-jury trial, the court denied Wooten any equitable interest greater than his one-half interest, on the grounds of res judicata. The parties had divorced in 1981, and no equitable rights in the property were mentioned in the judgment. We reverse because we think Rho-dús…