Martin v. Schindley

Birdsong, Presiding Judge.

Appellant Susan Martin, f/k/a Susan Schindley, appeals the order of the superior court granting appellee Alan R. Schindley’s motion to dismiss.

*271The parties who were formerly married are owners of certain real property. Incorporated in their final judgment and decree of divorce was a separation agreement executed May 5, 1989, purporting to provide for division of the real property with appellee remaining in residence. The agreement pertinently provides: “The equity will be divided between the parties as follows: The husband shall live in the marital homeplace for the…