Obenshain v. Obenshain

George Rose Smith, Justice.

The question here is whether the appellee, who is the father of the appellant’s former husband, can garnishee the appellant’s one-half interest in the net proceeds derived by the appellant and her former husband from the voluntary sale of their homestead. We find that the circuit court was right in holding that the fund in question is not exempt from the claim asserted by the appellee.

In 1970 the appellant obtained a divorce in the Washington chancery court. The parties owned a homestead in the county as tenants by the entirety. They had agreed upon a property…