Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Andrews v. Boykin

Title to property in quiet title suit remained in the names of both tenants-in-common after their divorce because their separation agreement and divorce decree did not specifically describe the property.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Melvin Boykin, individually and as the administrator of the estate of his mother, Bridie Mae Boykin, brought suit in the Superior Court of DeKalb County to quiet title to a parcel of real property. The court referred the matter to a special master, who heard evidence and submitted a report. The court approved and adopted the special master’s findings of fact and proposed conclusions of law, and declared that Melvin Boykin held the property in fee simple, and that no one else held any interest in the property. The respondents appeal, and for the reasons that follow, we reverse and remand.

The subject property was acquired in 1965 by then husband and wife, Raymond Boykin, Sr. and Naomi Boykin, as tenants in common. In 1966, they executed a separation agreement, and were divorced in 1967 in Fulton County, incorporating the agreement into the decree. The agreement provided: “each party shall retain and have sole right to those properties now in his or her possession.” At the time of the decree, Raymond Boykin, Sr. lived on the property with his mother, Bridie Mae Boykin; Naomi had already left. Neither the separation agreement nor the decree identified any parcel of real property. The agreement and decree were recorded in the deed records of Fulton County; the subject property is in DeKalb County.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
Associate Litigator

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›
Gwinnett County: State Court Staff Attorney

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›
Corporate Counsel

CORE RESPONSIBILITIES AND TASKS:(1) Tasks and responsibilities include:Reviewing and negotiating commercial agreements for internal business...


Apply Now ›
Go to Lawjobs