Martin v. Martin

Melvin Mayfield, Chief Judge.

Both parties agree that this appeal involves the construction or interpretation of a property settlement agreement incorporated in their divorce decree.

The agreement provided that the wife would be entitled to the exclusive use and possession of a house (owned by the parties as tenants by the entirety) for a period of ten years or until certain contingencies occurred. Upon the occurrence of any named contingency the house would be sold and the proceeds divided equally after each party received his and her original contribution to the purchase price.

During the…