Practice point: The presumption that tenants-in-common share equally in their common tenancy may be rebutted if the facts show that they hold the tenancy in unequal shares. A court acting in equity may take into account the amounts invested in the property by the respective tenants in determining the shares to which they are entitled.
Student note: In making this determination, the court must consider the various equities, including the nature of the parties' relationship, and whether any or all of these contributions were repaid or intended to be a gift.
Case: McGuire v. McGuire, NY Slip Op 01802 (2d Dept. 2012).
Here is the decision.
Tomorrow’s issue: Defaults.
