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Coggan v. Coggan

Florida Supreme Court

239 So. 2d 17 (1970)

Relevant factsFree

After Mr. and Mrs. Coggan (defendant and plaintiff) divorced, they became tenants in common of an office building Mr. Coggan continued to use exclusively as his office; Mr. Coggan testified he privately believed the building was solely his and that Mrs. Coggan wasn't a true owner, but he never communicated that belief to her. When Mrs. Coggan filed for a partition sale, the trial court ordered an accounting in her favor for half the building's rental value dating back to the divorce, and the court of appeals affirmed.

IssueFree

Whether a tenant in common in exclusive possession of property holds the property adversely to a cotenant if such holding is not communicated to the cotenant.

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