Owens v. M.E. Schepp Ltd. Partnership

OPINION

BARKER, Judge.

¶ 1 M.E. Schepp Limited Partnership (“Schepp Partnership”) appeals from entry of partial summary judgment ordering statutory partition of residential property in which it owns an undivided interest as a tenant in common with Hal Owens. It contends the court erred by failing to find issues of fact concerning the existence and enforceability of an oral, voluntary partition agreement. For the reasons that follow, we agree and accordingly reverse.1

Facts and Procedural History

¶ 2 The parties to this lawsuit own undivided interests as tenants in common in Lots 17, 18 and 20,…