Brashear v. Spinks

L. CHARLES WRIGHT, Retired Appellate Judge.

James Brashear and Lee Spinks were divorced in 1963. As part of the final decree of divorce, the parties retained joint ownership of two houses. One was located in Huntsville, Alabama, and the other in Madison, Indiana. The wife was given the right to dwell in the Huntsville house. The husband was obligated to make the mortgage payments on both pieces of property.

In January 1991, some twenty-eight years later, the wife filed a “Petition for Rule Nisi and for Sale for Division.” She alleged that the husband had refused to allow her to live in the…