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Jones v. Shannon

Alabama Court of Civil Appeals

40 So.3d 717 (2009)

Relevant factsFree

Bettye Shannon (defendant) and Henry Jones divorced under a separation agreement, incorporated into the divorce judgment, providing that their jointly owned home would remain jointly owned until it could be sold, with Bettye holding exclusive possession until sale and any proceeds split equally after paying creditors. Henry later married Aretha Jones (plaintiff) and purported to convey his interest in the property to her; he then died intestate before the home was ever sold. As representative of Henry's estate, Aretha sought to quiet title and force a sale, but the trial court ruled for Bettye, reasoning the joint tenancy with survivorship rights had never been destroyed. Aretha appealed.

IssueFree

Whether, in Alabama, a judgment of divorce terminates property held by a husband and wife as joint tenants with rights of survivorship and converts it into a tenancy in common.

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