Major v. Major

The ligitants (John and Karla) were husband and wife. On August 12, 1976, a final decree of divorce was entered in the Fámily Court. Later, on December 9, 1977, John, who at that point in time was remarried and had actual physical custody of the two minor children of the first marriage, filed a petition in the Family Court, asking that the real estate which was once the site of the marital domicile be partitioned by sale and the net proceeds distributed between the litigants. The petition was met by Karla’s motion to dismiss, which challenged the Family Court’s jurisdiction to entertain a…