Yakavonis v. Tilton

Yakavonis (plaintiff) and Tilton (defendant), former domestic partners, co-owned a house as tenants in common. Tilton moved in and lived there alone from 1986 while still sharing ownership, until Yakavonis filed to partition the property in 1992. The trial court awarded Tilton title and offsets for her maintenance expenses against Yakavonis's share; on remand for an accounting, it found Yakavonis was not ousted until 1994 when Tilton received sole title, and later increased Tilton's judgment. Yakavonis appealed, arguing the ouster date was wrong.

Whether a nonoccupying cotenant receives an offset for the rental value of jointly held property when the occupying cotenant is not hostile.