Matthews v. Matthews

[¶ 1] Eugene Matthews appeals from a judgment of the Superior Court (Hancock County, Hjelm, J.) denying Eugene’s complaint for partitioning residential real estate occupied by his ex-wife, Marylou Matthews, and finding that the parties’ divorce decree, signed in 1984, allows Marylou to remain in the house for as long as she desires. Eugene asserts that the court erred in finding that (1) he is not entitled to partition; (2) partition is precluded by the court’s finding that Marylou can remain in the house as long as she desires; and (3) his share of the equity in the house would be offset by…