Bernst v. Cotter

WALDEN, Judge.

This is an appeal by the husband from the denial of his motion to modify his divorce decree. We find merit in his allegations and reverse.

The parties were divorced on October 14, 1962. No monetary alimony was awarded to the wife but she was given the “use and occupation” of the marital domicile, held by a tenancy by the entireties, and the husband was required to pay half the cost of maintaining same. On October 20, 1964, the wife remarried.

The husband now seeks, for the first time formally, to be relieved of his obligation, to collect rent from his former wife, and to partition…