Alabama Court of Civil Appeals
40 So.3d 717 (2009)
Bettye Shannon (defendant) and Henry Jones divorced. They entered into a separation agreement that was incorporated into the judgment of divorce. The agreement provided that the home they owned as joint tenants with the right of survivorship would remain jointly owned until it could be sold in a commercially reasonable manner. Bettye was given exclusive right to possession of the home during the period it was listed for sale. After the sale, creditors would be paid and any leftover proceeds would be divided equally among Bettye and Henry. Henry thereafter married Aretha Jones (plaintiff) and purported to convey to Aretha his interest in the property held with Bettye. Three years later, Henry died intestate. At the time of his death, the property in dispute had not been sold. As representative of Henry’s estate, Aretha petitioned the trial court to quiet title to the home and to order a sale. Bettye and Aretha both filed motions for summary judgment. The trial court denied Aretha’s motion for a summary judgment and entered judgment in favor of Bettye. Aretha appealed.
Rule of Law
Holding and Reasoning (Thomas, J.)
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