Malone v. Malone

INGRAM, Judge.

This appeal involves the disposition of certain real property held under a joint tenancy with right of survivorship deed. The trial court held that a settlement provision of a previous divorce decree severed the joint tenancy with right of survivorship and converted the estate into a tenancy in common.

Husband (now deceased) and wife took title to the property in question under a joint tenancy with right of survivorship deed. In 1984, the parties were divorced, and the following agreement in pertinent part was incorporated into the final divorce decree:

“3. The parties hereto own…