Cain v. Swiderski

Ellen Cain appeals from an Order on Parties’ Petitions for Modification; she raises two'issues- on appeal. We affirm the second issue, holding that the trial court did not err in terminating appellant’s exclusive use and occupancy of the former marital home due to her marriage in 1994.

We reverse, however, as to the first issue raised. We hold that the trial court erred when it ruled that the parties’ settlement agreement was not an agreement because it was subject to being reduced to writing.

The parties’ marriage was dissolved by final judgment dated June 4, 1993, which incorporated the…