Tucker v. Tucker

ROBERTSON, Presiding Judge.

Following an ore tenus proceeding, the trial court entered a final judgment of divorce which, inter alia, awarded the wife “the sole use and occupancy of the house located at 190 3rd Street N.W., Graysville, Alabama, until she remarries, [or] no longer uses it as her principal place of occupancy.”

The husband on appeal argues that the trial court abused its discretion in awarding the use of the marital residence to the wife. He contends that the residence was not a marital asset, because the residence was owned solely by the husband’s father and leased to the husband.