Boissonnault v. Savage

The plaintiff, a judgment creditor of the defendant’s husband, appeals an order of the Superior Court (Murphy, J.) denying the plaintiff’s petition for partition of the defendant’s marital residence. We reverse and remand for a partition hearing.

The defendant and her husband purchased their marital residence in 1972 as joint tenants with the right of survivorship. The plaintiff filed a civil action against the defendant’s husband and received a judgment for $26,400 in 1980. In 1989, plaintiff sued on the judgment, was granted an attachment, and obtained judgment on the original judgment. The…