Legal Question in Real Estate Law in Utah

Division of proceeds following partition lawsuit

I have read about partition lawsuits, and in my case it may be necessary. The other tenant-in-common shared the home with us for about 2.5 years, during which he paid about 65% of the mortgage payment, while I paid the rest. Then he moved out, and for the past 3 years, I've been paying the whole thing, sometimes with a renter, sometimes not. He has been completely uninvolved during this period. As a percentage of the total paid in by both of us to date, I figure I've paid about 70%. Is my logic correct that I would be due 70% of the proceeds of a sale? We had no agreement (written or oral) about such a division (hence the possible lawsuit). He says it should be 50/50. Am I missing something, or am I right?


Asked on 8/09/06, 11:24 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Division of proceeds following partition lawsuit

A tenants in common is 50-50 unless otherwise indicated in writing. The difference in who pays the mortgage is also related to occupancy. An occupant may be required to pay more than a non occupant. You need an agreement or court order so you know what your obligations are.

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Answered on 8/10/06, 9:58 am


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