Miller v. Miller

The defendant, Leon Miller, appeals from an order of the Superior Court (Contas, J.), approving the recommendation of a Master (Larry B. Pletcher, Esq.), which denied his petition to bring forward and partition real estate. The issue presented is whether paragraph six of the parties’ stipulation, which was “incorporated into and made a part of [their 1975 divorce] decree,” granted the plaintiff, Paula Miller, the right to reside in their marital home until she desired to sell it, or whether her right to live in the house ceased, and sale of the property was required, when their youngest child…