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Currie v. Jané
2014 VT 106
Vt.
2014
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Background

  • Parties bought a house in Orwell for $245,000; title was joint tenants with rights of survivorship.
  • Defendant contributed $200,000 plus closing costs; plaintiff contributed $45,000 and assumed mortgage, with both signing a promissory note to the Tricketts.
  • Defendant’s $200,000 contribution was treated as a gift; plaintiff indemnified defendant for the mortgage debt.
  • Post-purchase, defendant paid for improvements and ongoing carrying costs; plaintiff paid some expenses and later rental income from the property.
  • Parties’ relationship ended; defendant moved out in 2009; plaintiff largely paid ongoing expenses and earned $27,300 in rent since 2010.
  • Trial court found disproportionate ownership (81.7% to defendant) but equal upkeep obligations; ordered plaintiff to buy out defendant or have defendant sell the property; total appraised value was $240,000.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether 81.7%/18.3% ownership is supported by the record Currie argues equal ownership presumption controls. Jané contends contributions justify unequal shares. Yes; evidence supports unequal ownership.
Whether the buy-out amount was equitable $158,144 plus other debts is inequitable. Buy-out amount reflects contributions and debts. Court did not abuse discretion; buy-out within equity bounds.

Key Cases Cited

  • Whippie v. O’Connor, 2010 VT 32 (Vt. 2010) (presumption of equal ownership rebuttable; setoffs for unequal contributions)
  • Massey v. Hrostek, 2009 VT 70 (Vt. 2009) (equal ownership presumption; gifts and contributions impact shares)
  • Wilk v. Wilk, 173 Vt. 343 (Vt. 2002) (partition should favor equity; broad discretion to assign property)
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Case Details

Case Name: Currie v. Jané
Court Name: Supreme Court of Vermont
Date Published: Sep 5, 2014
Citation: 2014 VT 106
Docket Number: 2013-261
Court Abbreviation: Vt.