Murray v. Murray

I respectfully dissent from that portion of the majority opinion which affirms the trial court’s award of the marital residence to the parties as tenants in common.

The trial court’s marriage dissolution decree should completely sever all unity of title in, and possession of, the parties’ property except in the unusual situation in which the economics involved call for some sort of common ownership. Wilhoit v. Wilhoit, 599 S.W.2d 74, 80[12] (Mo.App.1980); Hopkins v. Hopkins, 597 S.W.2d 702, 706 (Mo.App.1980); In re Marriage of Crewse, 593 S.W.2d 265, 266 (Mo.App.1980); Terrell v. Terrell, 582…