Higgins v. Higgins

WEBB, Justice.

The resolution of this appeal depends on the interpretation of the words of the agreement “if the parties have lived continuously separate and apart for that full period” (one year). It is undisputed that the parties engaged in sexual intercourse during that period. If these words are not ambiguous and to live separate and apart means the parties may not engage in sexual intercourse during that period, summary judgment was properly granted for the appellee. We believe that we are required to hold under Murphy v. Murphy, 295 N.C. 390, 245 S.E. 2d 693 (1978) and State v. Gossett,…