Concurrent Ownership

Question 1

Litigation: cotenant rights and duties

Answer 1

• Contribution action : cotenant seeks reimbursement from other cotenants for certain expenses she has paid for the operation or maintenance of the property
• Accounting action: cotenant seeks to obtain her share of the rents or profits that the property has generated
• Partition action: cotenant seeks to both partition the property and have the court settle the financial affairs of the cotenants.

Question 2

Esteves v. Esteves

Answer 2

When on a finalaccounting following sale, the tenant who had been in sole possession of the property demands contribution toward operating and maintenance expenses from his co-owner, fairness and equity dictate that the one seeking that contribution allow a corresponding credit for the value of his sole occupancy of the premises