A Manhattan judge has treated the distribution of the proceeds of the sale of a separated same-sex couple’s home more like a divorce than a contract dispute, ordering an equitable distribution of the funds rather than the presumed 50-50 split for tenants in common.
“It is well-settled that tenants in common share a rebuttable presumption that each holds an equal undivided one-half interest in the subject premises,” Supreme Court Justice Rosalyn Richter wrote in C.Y. v. H.C., 102658/06. “However, ‘partition is an equitable remedy in nature and Supreme Court has the authority to adjust the rights of the parties so each receives his or her proper share of the property and its benefits,’” she concluded, citing Hunt v. Hunt, 13 AD3d 1041.
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