Wicks v. Conroy

Padraic Conroy and Heather Wicks owned real property as tenants in common. In 2010, Wicks filed a complaint seeking an equitable partition and sale of the house, with profits to be split equally between her and Conroy. Following a jury-waived trial, the trial court granted Wicks's petition and ordered the sale of the house. The court ordered the profits to be split equally between the parties subject to a credit due to Wicks for Conroy's rent-free occupancy of the downstairs apartment. The Supreme Court affirmed, holding that the superior court did not err in (1) finding there was no contract in which the parties agreed Conroy would live in the house rent-free; (2) crediting Wicks for one-half of the fair rental value of the downstairs apartment during the period Conroy lived there; and (3) denying Conroy the opportunity to buy out Wicks's interest in the property. View "Wicks v. Conroy" on Justia Law