Property Disposition: Modification of Agreement
The awarding of exclusive possession of the residence to petitioner was in the nature of a property settlement where this award was part of the paragraph awarding two parcels of real property, both previously owned in joint tenancy, to the respondent, in return for quitclaiming to respondent all her interests in the property, petitioner was allowed to remaining the premises unless she remarried; this conclusion is buttressed by the fact that a different paragraph of the decree provided for monetary payments to petitioner of up to $1,000 each year depending on respondent’s level of income, therefore, the trial court improperly modified a property settlement provision of the original divorce decree. In re Christianson
