Brewer v. Miller

HIGHERS, Judge.

This action was commenced when Harry William Brewer (referred to as the plaintiff), filed suit against Hilda Faye Brewer (referred to as the defendant), to require the immediate sale of real property owned by the parties as tenants in common pursuant to a final decree of divorce dated October 15, 1979.

The final decree incorporated a property settlement agreement which contained the following language:

In the event wife remarries, her right to continue residing in the parties’ home shall terminate and the residence shall be immediately sold, and the net proceeds therefrom equally…