Strand v. Velandry
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The Supreme Judicial Court affirmed the judgment of the district court partitioning real property in Kittery held by Toralf Strand and Sabrina Velandry as tenants in common, holding that the court did not err in dividing equally the value of the property after crediting Strand with the amount his spent for insurance, repairs, improvements, and real estate taxes.
In 2014, Strand signed a purchase and sale agreement solely in his name to buy the house and included Velandry on the deed as a tenant in common. After the parties separated, Strand filed a complaint for equitable partition of the property pursuant to 14 Me. Rev. Stat. 6051(7). The court awarded Strand the amount his spent on insurance, improvements, repairs, and real estate taxes and then divided the property's remaining appraisal value equally between Strand and Velandry. The Supreme Judicial Court affirmed, holding (1) because the court found that Strand did not condition Velandry's interest as a tenant in common on her agreement to pay Strand half of the property's purchase price, the court did not err in applying the presumption of equal ownership and entering judgment accordingly; and (2) the court did not clearly err in disallowing certain of Strand's claimed credits and set-off.
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