Smith v. Rucker

HEARN, C.J.:

This case asks us to determine whether an estate owned by Ernest Smith and his wife, Joanne Rucker, is subject to partition. The case was heard by a master-in-equity, who partitioned the property after finding that the parties owned it as joint tenants with rights of survivorship, a cotenancy subject to partition. Wife appeals, arguing the property is not subject to partition because she and her Husband own the property as tenants in common for life with indestructible survivorship rights. We affirm.

FACTS

Husband and Wife married in June 2000. On August 17, 2000, Wife deeded…