Betty Mann and Aaron Mann (defendant) purchased a home during their marriage. When the Mann’s divorced, the settlement agreement provided that the house would be sold and the proceeds equally divided in the event that Mrs. Mann died, that their youngest child turned 21 years of age, or that the Manns mutually agreed to sell the property. After Betty died, Aaron Mann claimed ownership of the home as the survivor of a joint tenancy. The executor of Betty Mann’s estate (plaintiff) commenced a quiet title action. The district court concluded that the divorce settlement had transformed the Manns’ joint tenancy into a tenancy in common and awarded the children an undivided half interest in the property as tenants in common. Aaron Mann appealed and the appellate court upheld the district court ruling. Mann petitioned the supreme court for review.