Harvey v. Sessoms

BENHAM, Justice.

Appellant James Allen Harvey filed a complaint for statutory partitioning of real property which he and appellee Linda Sessoms own as tenants in common pursuant to their 1970 judgment and decree of divorce. Harvey appeals the trial court’s grant of summary judgment to Sessoms.

The parties were divorced in 1970 by a final judgment and decree of divorce which awarded Sessoms “permanent possession” of the marital home and required her to pay the mortgage thereon, with title to the property remaining in both Sessoms and Harvey. Sessoms lived in the home until 2004, when she left it…