Clark v. McCoy

Plaintiff appeals from the decree entered in plaintiff’s suit for the partition of real property.

Plaintiff and defendant were divorced in March 1970 and, as a result, became tenants in common of their former residence. The decree approved and incorporated a property settlement agreement which provided that each party was to pay one-half of the monthly mortgage payments and one-half of the monthly payments on a construction loan. The plaintiff and defendant each made their respective payments on the mortgage loan through January 1971. Thereafter plaintiff apparently made all the mortgage…