Barrow v. Barrow
Florida Supreme Court
527 So. 2d 1373 (1988)
After their divorce, James Barrow (defendant) continued living alone in the couple's former marital home, in which Donna Barrow (plaintiff) held an undivided one-half interest, while she moved out of state; years later she sued for partition and for half the property's rental value during James's sole occupancy, and James countersued for half his expenditures on taxes, maintenance, and improvements. James testified Donna never objected to his sole occupancy, that he never excluded her, and that he never denied her access. The court of appeals held that a spouse's exclusive use, control, and maintenance of the former marital home, without paying rent to the other, itself amounts to constructive ouster of the absent cotenant.
Whether there can be an actual or constructive ouster of a cotenant not in possession even if the cotenant in possession has not communicated, by words or actions, that he is holding the property adversely to the other.