Cunningham v. Hastings

556 N.E.2d 12 (1990)

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Nature of the Case

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Facts

Harold and Juanita Carlton conveyed by warranty deed certain real estate to P and D. The deed referred to P and D 'as joint tenants with the right of survivorship, and NOT as tenants in common.' P and D occupied the property jointly. After the relationship ended D took sole possession of the property and P filed a complaint seeking partition of the real estate. The court determined that P and D were joint tenants and that the property was not susceptible to partition. The court ordered the sale of the property. It then ordered that the proceeds of the sale be applied first to cover the costs of the partition proceedings and that the next $ 45,000 be paid to D as a refund of the purchase price he paid out of his own funds. The remainder of the proceeds, if any, were ordered to be divided equally between the parties. P appealed the $45,000 award to D in recognition of the purchase price he paid.