Gilley v. Gilley

J. ED TEASE, Retired Circuit Judge.

This is an appeal by the defendant-former husband from a decree entered by the trial court after an ore tenus hearing, in which the plaintiff-former wife was vested with the entire interest in the residence formerly jointly owned by the parties. The trial court also determined that no common-law marriage existed at the time of trial, and based the award of real estate on the inequity of the defendant’s retaining an interest in the residence which was “obtained through coercion and without consideration.”

The wife’s complaint alleged the existence of a…