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HUSBAND R v. WIFE R

366 A.2d 1193 (1976)

HUSBAND R, Defendant below, Appellant, v. WIFE R, Plaintiff below, Appellee.

Supreme Court of Delaware.

Decided September 8, 1976.

Attorney(s) appearing for the Case

James F. Harker and Stephen B. Potter, Wilmington, for defendant below, appellant.

H. Alfred Tarrant, Jr. and Everett P. Priestley of Cooch & Taylor, Wilmington, for plaintiff below, appellee.

Before HERRMAN, Chief Justice, and DUFFY and McNEILLY, Justices.

PER CURIAM.

This appeal raises the question of whether the Superior Court had jurisdiction to award to the wife the jointly-held marital residence in Delaware as part of a property division in ancillary proceedings following the grant of a divorce decree to the wife. The complaint contained a prayer for division of marital property; only the marital residence was marital real property in Delaware. The husband, a resident of Maryland, was served by publication and...

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