Robertson v. Hagan

CRIST, Judge.

This action involves an appeal from an entry of summary judgment against plaintiffs-appellants in their partition action. We reverse and remand.

On February 17, 1987, a divorce decree dissolved the marriage of Cecil Hagan, respondent in this action, and Clifford Ha-gan, now deceased. The decree ordered a tract of marital real property to be held “from this date forward as joint tenants with rights of survivorship and not as tenants in common.” Defendant asserts this decretal language created an ambiguity. But not so.

*781On August 10, 1988, Clifford Hagan conveyed his undivided…