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SPRATT v. SPRATT

No. 89-484.

456 N.W.2d 181 (1990)

Willard F. SPRATT, Appellant, v. Marjorie A. SPRATT, Perpetual Savings and Loan Association, Brenton Bank & Trust Company of Cedar Rapids, and Linn County, Iowa, Appellees.

Supreme Court of Iowa.

May 23, 1990.

Attorney(s) appearing for the Case

Gerald J. Kucera of Tom Riley Law Firm, P.C., Cedar Rapids, for appellant.

H. Raymond Terpstra II, Cedar Rapids, for appellee Marjorie A. Spratt.

Dennis J. McMenimen and Linda M. Kirsch, Cedar Rapids, for appellee Perpetual Sav. and Loan Ass'n.

Michael E. Eganhouse, Cedar Rapids, for appellee Brenton Bank and Trust Co. of Cedar Rapids.

Considered by LARSON, P.J., and LAVORATO, NEUMAN, SNELL, and ANDREASEN, JJ.

LARSON, Justice.

When Willard Spratt and Marjorie Spratt were divorced in 1983, the decree ordered that title to their home vest in the parties, pursuant to their stipulation, as "joint tenants with full rights of survivorship and not as tenants in common." In 1988, Willard brought a partition action to sell the home and divide the proceeds, but the district court refused. The court entered summary judgment for Marjorie, the

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