Unmarried Cohabitants’ Division of Real Estate Proceeds – Published Opinion from Ky Court of Appeals Today

PAISLEY V. TALLEY

An unmarried couple owned a home in joint names with a right of survivorship. Boyfriend made the majority of payments on the home mortgage and down payment. The couple’s relationship ended and the boyfriend filed a complaint asking the court to divide the equity in the home in proportion to each parties’ contributions. The trial court found that the parties had no agreement as to the disbursement of the property and divided the equity equally between boyfriend and girlfriend. The Court of Appeals reversed the trial court’s order holding Kentucky law allows joint tenants to be reimbursed for payments towards encumbrances even without  a contract or agreement between the parties.

Digested by Elizabeth M. Howell

Recent Posts

Kentucky Court of Appeals affirms Warren Family Court’s Order limiting natural father’s access to children’s educational records from school
October 25, 2022
Kentucky Court of Appeals affirms Boyd Circuit Court’s order terminating father’s parental rights pursuant to KRS 625.090
October 25, 2022
Kentucky Court of Appeals vacates Lewis County Family Court finding of abuse or neglect due to insufficient evidence to support finding
October 18, 2022