McCoy v. Ware

Plaintiff Charles McCoy appeals a judgment denying his request for the imposition of a lien on the separate property of his deceased spouse, Mildred, in an amount equal to the increased value of the property from the time of their marriage until her death. We remand for further proceedings.

The pertinent facts are undisputed and may be summarized as follows:

Charles and Mildred were married in March of 1957. During their marriage, they lived in, maintained, improved, and paid off a mortgage on a home owned by Mildred. Sometime after the mortgage was retired, Mildred, without Charles' knowledge,…