Posts

Showing posts from June, 2010

Rent as a Defensive Offset: a new Equitable tool for non-Ousted Cotenants

Curtis v. Dorn (ICA June 17, 2010)Background. In 1991 after Hurricane Iniki, Catherine Curtis and Jeff Dorn, an unmarried couple, bought property in Kilauea on Kauai for $171,000 with a down payment of $36,000. Curtis paid $34,000; Dorn paid $2,000. Curtis, Dorn, and their daughter moved into the house and lived there. Curtis and Dorn paid insurance, mortgage, and taxes equally until 1993, when their relationship deteriorated and Dorn moved out voluntarily. Curtis brought a partition action asking the circuit court to terminate the joint venture or partnership with Dorn, determine the equitable property interests, and the amount due to Dorn.After a non-jury trial, the circuit court--relying on the analysis from Sack v. Tomlin, 871 P.2d 298, 36 (Nev. 1994)--concluded that Curtis had 59.4% equity in the house and Dorn had 40.6%. Applying those percentages to the total equitable amount (the value of the property - the amount owed on the mortgage), the circuit court concluded that C…