Tuve

Defendant Helen M. Tuve appeals from an order granting plaintiff John M. Tuve’s motion to modify, and modifying a judgment of divorce.

Histoby of the Action

An interlocutory decree of divorce was entered as of April 4, 1955 in favor of defendant. It contained the following provisions :

The final judgment of divorce entered April 5, 1956, confirmed the provisions of the interlocutory decree.

*81 The interlocutory decree did not contain any provision (a) restraining either party from transferring, subject to the. burdens imposed by the decree, his dr her separate' estate of inheritance in the real property; (b) providing for sale or partition at the termination of the defendant’s exclusive right of occupancy; (c) reserving jurisdiction to order partition and sale at the expiration of the period of exclusive occupancy ; or (d) requiring defendant to maintain fire insurance.

On March 8, 1968, plaintiff filed a motion to obtain a modification of the divorce decree seeking a sale of the property and a division of the proceeds, an accounting of fire insurance proceeds paid defendant following a partial destruction by-fire of the improvements on the real property, and pro rata…