Jessee v. Aycoth

(Filed July 2, 1998)

I disagree with the majority’s opinion that the Property Settlement Agreement is ambiguous. The Agreement clearly states, in pertinent part, “Melanie shall retain and keep possession of the residential premises of the parties, situate in Boulder Park, Princeton, Mercer County, West Virginia_ Melanie shall have the sole right to market and agree to the sale of said residential premises .... ”

Nothing in the Agreement provides that the home shall be sold upon the child’s emancipation. The lower court concluded that nothing in the agreement precluded the marital residence from…