Mayhan v. Mayhan

This appeal involves a post-divorce sale of real estate.

The December 1979 divorce judgment summarily approved and incorporated therein an agreement of the parties which contained the following provisions:

3. The parties agree that the husband shall have the use of the house owned by the parties located at 621 Daffodil Drive, Millbrook, Alabama, and the husband shall be responsible for the mortgage payments due on said property. Should the house be sold, the equity from the sale of the property will be divided equally between the parties.

In August 1980 the former wife filed her petition to…