IRWIN v. IRWIN

Docket No. 77-777.

85 Mich. App. 576 (1978)

272 N.W.2d 328

IRWIN v. IRWIN

Michigan Court of Appeals.

Decided September 19, 1978.


Attorney(s) appearing for the Case

Jack C. Chilingirian, for plaintiff.

Hopping & Boyer, P.C. (by Donald M. Churilla), for defendant.

Before: ALLEN, P.J., and D.E. HOLBROOK, JR. and M.J. KELLY, JJ.


M.J. KELLY, J.

Plaintiff appeals as of right from a February 9, 1977, order of the Macomb County Circuit Court determining and distributing to defendant one-half of the proceeds from the sale of the marital home.

The parties were divorced on September 21, 1964. The property settlement provided that plaintiff "shall be the sole owner of [the] property" and was incorporated in the judgment of divorce with the following condition:

"The limitation contained...

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