Diggs v. Diggs

McCRODDEN, Judge.

We face two questions in this case: I. If a separation agreement, incorporated into a divorce decree, bars an equitable distribútion proceeding, does the superior court have jurisdiction to partition property included in the separation agreement? II. Assuming the answer to I is affirmative, did the petitioner waive her right to partition by entering into the agreement?

The facts are as follows. Petitioner and respondent were married on 26 March 1971. During the course of the marriage, they acquired the house in question, taking title as tenants by the entirety. Subsequently,…