Legal Opinion

Rausch v. Hogan

Montana Supreme Court

Decided July 23, 2001No. 00-501PublishedCited by 17 opinions

1Opinion of the CourtJustice Cotter

*383¶1 This appeal arises from an action to partition property owned jointly by respondent Alan Hogan (Hogan) and appellant Tracy Rausch (Rausch), who were formerly married. Rausch sought partition of the property on an equal basis, and Hogan objected. Following a hearing, the District Court found that Hogan had rebutted the presumption of equal shares in land held in joint tenancy, and “equitably” divided the property by awarding 100% of the property to Hogan, with Rausch receiving no payment for any portion of the property. Rausch was awarded payment for half the rental value of the property…

2Cases cited9 opinions

  1. Steer, Inc. v. Department of RevenueMontana Supreme Court · 1990
  2. Interstate Production Credit Ass'n v. DesayeMontana Supreme Court · 1991
  3. Federated Mutual Insurance v. AndersonMontana Supreme Court · 1999
  4. Haines Pipeline Construction, Inc. v. Montana Power Co.Montana Supreme Court · 1994
  5. Holtman v. 4-G's Plumbing & Heating, Inc.Montana Supreme Court · 1994

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3Cited by17 opinions

  1. Stanley L. and Carolyn M. Watkins Trust v. LacostaMontana Supreme Court · 2004
  2. Kullick v. Skyline Homeowners Ass'n, Inc.Montana Supreme Court · 2003
  3. Estate of Watkins v. Hedman, Hileman & LacostaMontana Supreme Court · 2004
  4. Graf v. Continental Western InsuranceMontana Supreme Court · 2004
  5. Lee v. USAA Casualty Insurance Co.Montana Supreme Court · 2004

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