Jones v. Graphia
2012 Miss. App. LEXIS 493
| Miss. Ct. App. | 2012Background
- Graphia and Jones, unmarried, bought a Diamondhead, Mississippi home as joint tenants with right of survivorship; Graphia paid the full $274,000 purchase price plus utilities, insurance, taxes, and HOA dues, while Jones contributed no purchase funds.
- The couple planned to marry and live in the Mississippi home, but their relationship later deteriorated.
- Graphia filed a chancery court action to partition the property; Jones opposed, citing parol-evidence concerns about payments.
- The chancellor ruled for an adjustment of equities under Miss. Code Ann. 11-21-9 and allowed ow-elty under 11-21-33, awarding Graphia $274,000 and giving Jones only personal-property rights.
- Jones appealed, arguing she had an equal ownership interest as a joint tenant and that the court violated the parol-evidence rule and joint-tenant rights.
- The Mississippi Supreme Court affirmed the chancery judgment, with dissent by Carlton and Maxwell.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May the chancellor adjust equities to award Graphia the full purchase price? | Jones | Graphia | Yes; equitable adjustment authorized |
| Is Jones entitled to an equal share as joint tenant on partition by sale? | Jones | Graphia | No; unjust enrichment not shown; equity supports full award to Graphia |
Key Cases Cited
- Thornhill v. Chapman, 748 So.2d 819 (Miss.Ct.App.1999) (parol evidence rule in partition context)
- Pearson v. Pearson, 761 So.2d 157 (Miss.2000) ( Ferguson factors replaced Johnson in division of property)
- Johnson v. Johnson, 550 So.2d 416 (Miss.1989) (common-law presumption of gift in joint ownership)
- Ferguson v. Ferguson, 639 So.2d 921 (Miss.1994) (equitable considerations in marital property; Ferguson factors)
- Murphree v. Cook, 822 So.2d 1092 (Miss.Ct.App.2002) (limitation of chancellor’s attempt to create unique remedy in co-tenancy)
- Dailey v. Houston, 246 Miss. 667 (Miss.1963) (adjustments related to maintenance, taxes within partition)
- Walker v. Williams, 84 Miss. 392 (Miss.1904) (partition method statutory requirements; right of partition)
- Cox v. Kyle, 75 Miss. 667 (Miss.1898) (strict construction of partition statute)
- Chrismond v. Chisholm, 211 Miss. 746 (Miss.1951) (equities absent in cohabitants; limited reach of equity power)
- Pickens v. Pickens, 490 So.2d 872 (Miss.1986) (equity lacks reach to cohabitants not married)
- Cotton v. Cotton, 44 So.3d 371 (Miss.Ct.App.2010) (limits on equitable distribution in partition context)
- Davis v. Davis, 643 So.2d 931 (Miss.1994) (cohabitant equities restricted)