Moses v. Holoway

HOLMES, Judge.

This is an appeal from a court order ordering a resale of marital property sold under a previous court order.

The parties to this appeal were divorced in February 1982. The divorce decree gave the wife the use of the marital home and approximately seven acres of land surrounding the house. When the wife remarries, the decree in pertinent part provides that the homeplace would be sold and the proceeds divided equally. The property is subject to a $10,000 mortgage held by the husband’s father.

The wife subsequently remarried and she petitioned to have the property sold as mandated…