McLain v. McLain

Sarah and Claude McLain were married on December 20, 1974. The husband filed for divorce on January 30, 1979. A final decree of divorce was rendered on August 29, 1979. The wife appeals and contends here that the parcel of land upon which is situated the marital home is her separate property and that the trial court erred in decreeing that the property be sold and the proceeds divided equally between the parties.

The facts showed that both parties were employed by the Birmingham Board of Education at the time of their marriage. The husband subsequently retired. At the time of the divorce, the…