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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.

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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.

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