Pavy v. Pavy

The question presented by this appeal is stated by the parties as follows: “Can a married woman maintain an action in partition against her husband where he is insane, and under a duly appointed and legal guardian, when the real estate involved in the partition action is owned by the husband and wife as tenants in common?”

The real estate in question had been conveyed to appellee and her husband as tenants by entireties. Thereafter, in an action prosecuted by the guardian, apparently under Burns’ 1948 Replacement, §§ 56-402, 56-403, by decree of the Ohio Circuit Court the tenancy by entireties…