Currie v. Jané
2014 VT 106
Vt.2014Background
- 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)
