Palanza v. Lufkin

[¶ 1] Michael B. Lufkin appeals from a partition order entered in the Superior Court (Cumberland County, Humphrey, J.). Lufkin contends that the court erred in failing to presume that he had a 50% share as a tenant in common, in crediting Palanza for the cost of the improvements she made to the property instead of crediting her for the resulting increase in the property value, and in failing to offset for Palanza’s exclusive possession of the property. We disagree and affirm the judgment.

I. BACKGROUND

[¶ 2] The court, sitting without a jury, found the following facts. In July 1987, Lufkin…