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Porter v. Porter

Supreme Court of Alabama

472 So.2d 630 (1985)

Relevant factsFree

Mary Jane and Denis Porter bought a home as joint tenants in 1963, and their 1976 divorce decree gave Mary Jane (defendant) exclusive possession subject to later modification if circumstances changed; Denis remarried Martha (plaintiff), and when he died in 1983, Martha sued claiming the divorce had severed the joint tenancy into a tenancy in common, entitling her to half the home. The trial court agreed and awarded Martha half the residence, and Mary Jane sought Alabama Supreme Court review.

IssueFree

Whether a divorce necessarily destroys a joint tenancy held by the former spouses.

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