Ricketson v. Metts

Carley, Judge.

Appellant and appellee were formerly husband and wife. Appellee filed her original complaint, seeking statutory partition of property in which she alleged an undivided one-half interest under a warranty deed. Appellant answered, asserting that under the parties’ settlement agreement incorporated into their divorce decree, appellee’s interest in the property was “burdened” by his right to posses*607sion. See Rathkamp v. Rathkamp, 136 Ga. App. 423 (221 SE2d 221) (1975). Appellee then amended her complaint to seek a declaration that certain portions of the settlement agreement were…