Cunningham v. Hastings
Court of Appeals of Indiana
556 N.E.2d 12 (1990)
Relevant factsFree
Property was deeded to unmarried couple Cunningham (plaintiff) and Hastings (defendant) as joint tenants with right of survivorship, and after their relationship ended and Hastings took sole possession, the trial court ordered the property partitioned by sale but awarded Hastings the first $45,000 of proceeds as a refund of his original purchase price before splitting the remainder equally, prompting Cunningham's appeal of that refund.
IssueFree
Whether, in a partition by sale of joint tenants' property, the court may adjust the co-tenants' equal shares to refund money paid by a joint tenant to purchase the property.