Claeys v. Claeys

No. 124,032 IN THE COURT OF APPEALS OF THE STATE OF KANSAS JUDITH CLAEYS, TRUSTEE OF THE CLAEYS REVOCABLE LIVING TRUST, Appellee, v. DAVID CLAEYS and KENNETH CLAEYS, Appellants. SYLLABUS BY THE COURT 1. Partition proceedings, which seek to fairly divide ownership interests in real property, are equitable in origin. District courts have broad discretion to determine how best to fairly divide those interests. When a cotenant has made improvements to the property, the court may adjust the division to apply a credit to that cotenant for his or her efforts, measured by the extent the improvement…