Nazzisi v. Nazzisi

Plaintiff appeals from an adverse judgment in favor of defendant.

Question Presented

Did plaintiff by the property settlement agreement waive her right as a tenant in common to partition ?

Record

Plaintiff sued to partition certain real property owned by the parties as tenants in common. She also asked for an accounting for rents and a division thereof. The facts were stipulated. The court found that the property could not be partitioned except by sale; that plaintiff in the property settlement agreement had waived her right to partition; and additionally, that in view of the agreement, it would…