Hellesvig v. Hellesvig

This is a suit for partition of real property owned by the parties as tenants in common. Plaintiff appeals from a judgment order denying his motion for partial summary judgment and allowing defendant’s motion for partial summary judgment on the ground that plaintiffs claim was barred by a prior judgment of record.

The parties were divorced in 1976. The amended decree provided that they would continue to own the family home as tenants in common, but defendant was given the exclusive right to live in the home. Plaintiff was required to pay the mortgage and other charges associated with the…