King v. King

By Judge Joseph E. Spruill, Jr.

In this Bill for Declaratory Relief, we are asked to construe a provision of a separation agreement. Mr. and Mrs. King’s final decree of divorce entered February 27, 1982, approved a separation agreement between them dated July 15, 1981. The present controversy arises out of the interpretation of paragraph 3 of the agreement, which states:

3. The wife shall be permitted to remain in the marital home of the parties with the children, until such time as she dies, remarries or cohabits with a person of the opposite sex. Husband and wife who are currently tenants in…