Wallace v. Wallace

Hunt, Justice.

When the husband and wife in this case entered into a settlement agreement prior to their divorce in 1980, they created a joint tenancy with a right of survivorship 1 in the marital home:

The marital home of the parties shall be in the exclusive possession of the Wife and she shall make all payments in connection therewith except that the Husband shall pay off the second mortgage.. . . Title shall be in the name of the parties as joint tenants with right of survivorship. When and if the property is sold while both parties are living, the proceeds shall be divided equally between…