Nature of the Case
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Facts
James owned title to and built a residence on 4.5 acres of land prior to his marriage to Donna. The property was used as their residence for 10 years. In a dissolution proceeding, the final judgment awarded an undivided 1/2 interest in the property as alimony for Donna. The final judgment made no provision for possession by either party and made no direction regarding the sale or disposition of the property. Donna moved away after separating and several years later initiated a complaint against James seeking partition of the former marital home. James counterclaimed for 1/2 the amounts expended by him for taxes, insurance, and other services necessary to maintain and improve the property. Donna then sought 1/2 the fair rental value. The court gave Donna, $8,254.54 for the 1/2 fair rental value. James was given 1/2 the property taxes and insurance premiums ($2,591.00)
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