Condosta v. Condosta

This action is an aftermath of the divorce action between the parties (there reversed) reported at 186 Vt. 360, 395 A.2d 345 (1978), appeal dismissed, 440 U.S. 902 (1979). By his complaint in the present action the plaintiff sought to rescind that portion of the divorce order which awarded the home premises of the parties in Guilford, Vermont, to his wife, free and clear of his marital rights. In substance, he claimed statutory and constitutional entitlement to a $5,000.00 homestead right. In the alternative to rescission, he sought an award in that amount. The trial court, on defendant’s…