Cuciniello v. Cuciniello

Plaintiff moves for an order modifying the judgment of divorce by "deleting the provision of exclusive possession of the matrimonial premises” so that he can institute an action for partition and the sale of the premises.

Prior to the action for divorce having been heard, the parties, each of whom was represented by counsel, entered into a stipulation of settlement, the pertinent portion of which provided that the wife was to have exclusive possession of the marital premises until the youngest of the minor issue attained the age of 21, or was emancipated, at which time the property was to be…