Hofstad v. Christie
Wyoming Supreme Court
240 P.3d 816 (2010)
Christie (plaintiff) and Hofstad (defendant) lived together unmarried for nearly a decade, raising twin sons together along with Hofstad's children from a prior relationship; after they briefly separated, Hofstad promised Christie she would be an equal owner of a new home if they reconciled, and upon reconciliation the deed to the new home was conveyed to both as tenants in common, even though Hofstad alone had financially contributed to the purchase. Two years later, Christie sued for partition, and the trial court found Hofstad failed to prove there was no family relationship or donative intent, ruling for Christie; Hofstad appealed.
Whether the general presumption that a tenancy in common vests each party an equal partition right based on equal financial contribution can be rebutted by a showing of family relationship or donative intent.