In re the Marriage of McDade

OTT, Judge.

The appellant (ex-husband) appeals from an order which denied (in effect) his Petition for Disposition of Realty by Partition. We reverse.

In 1973 the appellant brought a proceeding for dissolution of marriage. In his complaint, he prayed, inter alia, for the following relief: “That the home place of the parties ... be sold and the proceeds therefrom be divided equally between the parties.” The wife filed an appropriate answer and counter-petition. After a hearing, the court entered a final judgment in which, as to the home, it awarded possession to the wife “ . . . until such time…