Fascione v. Fascione

For the reasons stated in the majority opinion, I agree that the wife is entitled to a partition of all realty and personalty owned by the parties as tenants by the entireties. I also agree that the husband is not entitled to reimbursement from the wife for his partial discharge of her 1976 income tax liability, but as to this, my reasons are different from the majority’s. The husband testified at trial that he

tried very hard to do two things. One thing was to get [my wife] to acknowledge her [tax] liability and to make funds available to meet that obligation. The other thing I tried to do…