Smith v. Smith

This is postdivorce litigation over whether the trial court should have ordered the sale of the jointly owned home of the parties for a division.

They were divorced in August 1974. The judgment of divorce ratified an agreement of the parties and it was therein decreed that the wife be awarded the custody of their five minor children, that the wife "shall have the possession of the home-place and title shall remain in their joint names," that the husband would pay the house note, all utility bills and certain expenses of the children, that the wife waived any claim which she had "to any…