Justice John Fusco
Joseph sued to determine ownership of her late mother’s and defendant stepfather’s residence. She also brought this partition action claiming as decedent’s sole heir she was one-half owner of the residence. She alleged her mother’s marriage to defendant was invalid, thus the residence they purchased 31 years ago should be subject to distribution to decedent’s heirs. Defendant argued he was legally married to decedent at the time of her death, thus the residence was not subject to partition as it passed to him by right of survivorship at her death. The court found defendant satisfied his burden, while plaintiff failed to provide contrary evidence to prove decedent was divorced prior to her marriage to defendant. It found decedent and defendant were married and the property was purchased as tenants by the entirety, and defendant retained sole ownership upon her passing. Even assuming Joseph was correct that decedent legally terminated her prior marriage, the court found the property was still owned by defendant alone as the parties intended survivorship by entering into a tenancy by the entirety and if the marriage was found invalid, the deed would be reformed to reflect ownership as a joint tenancy. Hence, the complaint was dismissed.
