Yakavonis v. Tilton

968 P.2d 908 (1998)

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Nature of the Case

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Facts

Tilton moved into a house after splitting up with Yakavonis to which they both were cotenants. The parties split in 1986. In 1992, Yakavonis filed to partition the remaining two properties that they share as cotenants. A series of court actions ensued in which the trial court determined that ouster had occurred in 1997 and that pre-ouster, Yakavonis was not entitled to offsets for the fact that Tilton was living in one of the homes and not paying rent. Tilton got a ruling on April 1, 1994, that she was the sole owner of the property she was living in. Yakavonis appealed contending that ouster occurred when the trial court entered a decree quieting title in Tilton, and further contended that he was entitled to an offset of half the rental value of the residence against his liabilities for expenses in the pre-ouster period.