PESTANA v. PESTANA

No. 08-P-1444.

74 Mass. App. Ct. 779 (2009)

JOSE MANUEL PESTANA v. KELLY FITZGERALD PESTANA.

Appeals Court of Massachusetts, Essex.

August 4, 2009.


Attorney(s) appearing for the Case

Thomas J. Gleason for the wife.

William A. Simmons (Ellen C. Shimer-Brenes with him) for the husband.

Present: KAFKER, GREEN, & GRAHAM, JJ.


GREEN, J.

The defendant wife appeals from so much of an amended judgment of divorce nisi as requires her to list the former marital home for sale, in order to permit payment to the plaintiff husband of his share of the equity in the property as part of the division of the marital estate. Because it appears from the record that the trial judge held a mistaken understanding of his legal authority to defer sale of the former marital home, and because of certain other...

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