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In Re Fazzio

Bankruptcy Court for the Eastern District of California

180 B.R. 263 (1995)

Relevant factsFree

Fazzio (plaintiff) and other co-owners of Rice Ranch agreed to share maintenance expenses proportionally, with Fazzio overseeing rice farming to generate income for those expenses; after buying out six other owners to hold a seven-eighths interest and falling into a dispute with Rarick's widow (defendant), who held the remaining one-eighth interest inherited from her late husband, Fazzio began farming for his own account and paid roughly $2,100 annually in property expenses from 1979 to 1989 using his own farming income. After the ranch was sold, Fazzio sued Rarick's widow for reimbursement of her proportional share of those expenses, and she argued she was entitled to a share of Fazzio's farming income in return.

IssueFree

Whether, if a cotenant in possession demands reimbursement for expenses paid while in possession of the property, a cotenant out of possession is entitled to offset such expenses against the reasonable value of the cotenant in possession's use of the property.

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