HOFSTAD V. CHRISTIE 240 P.3d 816 (2010) CASE BRIEF

HOFSTAD V. CHRISTIE

240 P.3d 816 (2010)

NATURE OF THE CASE: Hofstad (D), domestic partner, appealed a judgment equally partitioning a home owned by D and Christie (P), domestic partner, as tenants in common.

FACTS: P and D were involved in a relationship and lived together for extended periods of time, but never married. Their relationship produced twin boys born in 1996. The couple and their children, including five children from D's prior relationship, lived together. Their home, located on Monument Road, was owned alone by D. D decided to purchase a new home when he and P were separated. The parties reconciled, and the warranty deed of the new home conveyed the property to 'Jerald K. Hofstad and Cathryn Anne Christie, grantee(s).' D paid the down payment, the closing costs, and entered into the loan obligation for the home. He used $124,053.15 from the sale of the Monument Road home, which was sold in May of 2005, to pay down the mortgage on the new home. D paid all mortgage payments and utilities. P contributed to various improvements and was the homemaker of the home. In July of 2007, P moved out of the Donegal home. P filed suit seeking partition of the Donegal home. The court ruled that the home should be partitioned equally. D failed to prove that there was not a family relationship or donative intent. P was awarded $ 70,767.40, one-half of the home's equity. D appealed that decision.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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