Property Law Keyed to Kurtz
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Porter v. Porter
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Denis Porter and Defendant owned a home in joint tenancy with the right of survivorship. When the couple divorced, the court awarded Defendant sole possession of the land. Denis Porter then married Plaintiff and later died. Plaintiff sued, arguing that the court order awarding Defendant possession of the land destroyed the joint tenancy and established a tenancy in common. Plaintiff sought partition. The trial court found for Plaintiff and declared the property a tenancy in common, with each owning an undivided half interest. Defendant appealed.
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