In Talley v. Paisley, 525 S.W.3d 523 (Ky. 2017), the Supreme Court of Kentucky considered whether joint partners of a property should divide the proceeds of sale solely on the basis of ownership, rather than also considering the respective contributions of each partner. The court ultimately held that a joint tenant is entitled to recover a contribution for payments made towards the property on a cotenant’s behalf. Consequently, the proceeds of sale should be used first to equalize the amount of expenses paid and then divided based on percentages of ownership.
Republished with permission. The full article for, "Case Commentaries: Real Estate," was published by Transactions: The Tennessee Journal of Business Law in January of 2018.