Monday, January 7, 2008

Living Together and Real Estate

While writing New Court of Appeals case on Partitioning Real Estate for my Indiana Civil and Business Blog, I realized that Thomas Keller and Shirley Rohrs v. Daniel Keller (PDF format) applies as much to cohabitation cases as it does to real estate cases.

The case involves family members with a farm that could not be partitioned (divided amongst the co-owners). The trial court ordered a public sale and the Court of Appeals upheld the trial court's judgment.

I see the same problem in cases where one person deeded part ownership in real estate (like a home) to their significant other. If the couple break up without a cohabitation agreement, the only solution is going to court. The best result will then be a choice of partition or sale.

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