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Property Keyed to French
Yakavonis v. Tilton
Facts
Thomas Yakavonis (Plaintiff) and Sonja Tilton (Defendant) were in a relationship for nine years. During that time, they owned several residential properties as tenants in common. In 1986, they ended their relationship and sold off most of the properties. At issue in this case is one house. Defendant moved into the house in 1986, but shared ownership with Plaintiff until 1992, when he filed to partition the property. On January 1, 1994, the trial court gave Defendant the title to the house, and gave her offsets against Plaintiff’ interest in the house for expenses in maintaining the house. Because the offsets were greater than the value of Plaintiff’s interest in the property, the trial court entered judgment for Defendant in the amount of $5,793.47. Plaintiff appealed, and the appellate court remanded for an accounting of the benefits and costs incurred by each party. After the accounting, the trial court held that Plaintiff was ousted from the house on January 1, 1997, and that it would not consider the benefit to Defendant of her living in the house. After a motion for modification, the court awarded Defendant judgment of $8,459.50. Plaintiff appealed again, arguing that the trial court had erred when it found he had not been ousted from the property.
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