Larimer v. Larimer

Clarke, Justice.

Former husband appeals from the order of the trial court partitioning what was formerly the marital home of the parties. Former wife moves to dismiss on the basis that appellant should have filed an application under Code Ann. § 6-701.1.

The action which is the basis of this appeal was undertaken by former wife in an effort to enforce the separation agreement which was made the order of the court in the divorce decree in 1979. The separation agreement provided that wife would convey her interest in the house to husband upon his payment of her full equity in the house. The…