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Porter v. Porter

Supreme Court of Alabama
472 So.2d 630 (1985)


Facts

Mary Jane Porter (defendant) and her husband at the time, Denis Porter, purchased a residence as joint tenants in 1963. In 1976, the couple divorced. Their divorce decree stated that Mary Jane would have exclusive possession of the residence until a change in circumstances warranted a modification of the arrangement. Denis later married Martha Porter (plaintiff). When Denis died in 1983, Martha brought suit, claiming that when Denis divorced Mary Jane, their joint tenancy was severed, creating a tenancy in common. The trial court agreed, and awarded half of the residence to Martha. Mary Jane petitioned for certiorari to the Supreme Court of Alabama.

Rule of Law

Issue

Holding and Reasoning (Almon, J.)

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