Daly v. Shepherd

OPINION BY Justice DONALD W. LEMONS.

In this appeal, we consider whether in the absence of exclusion or ouster by an occupying co-tenant of residential property, the non-occupying co-tenant is entitled to a ratable share of fair rental value in an action for partition.

I. Facts and Proceedings Below

Claudia P. Daly ("Daly") and Cecillia M. Shepherd * ("Shepherd") each owned an undivided *486 one-half interest in a townhouse in Prince William County (the "property") as tenants in common. From the time of purchase, the property was occupied by Shepherd and her son. At the time the property was…