Hittson v. Hittson

EDWARD N. SCRUGGS, Retired Circuit Judge.

This case involves a post-divorce sale of a home which was jointly owned by the parties.

*240The wife and minor children were awarded the use of the marital residence of the parties under their agreement, which was ratified by the trial court’s 1981 judgment which divorced the parties. It was provided that the home would be sold if the wife remarried and that the net sale proceeds would be evenly divided between the husband and wife. The wife married Mr. Matthews in October 1982. The husband filed a petition in 1984, asking that the home be sold, and he…