Chinn v. Chinn
Virginia Circuit Court
19 Va. Cir. 430, 1990 W.L. 751194 (1990)
The four Chinn siblings, who inherited land and a dilapidated, vacant house as equal tenants in common, petitioned the county circuit court for a partition of the property. Seeing a need to protect the house from vandals and further deterioration, three of the siblings (agreed siblings) (defendants) decided to let Mr. and Mrs. Schaul live there rent-free, in return for which the Schauls maintained the house until the property could be sold and the proceeds partitioned. The fourth sibling, Ralph McCalley Chinn (plaintiff), never agreed to the Schaul arrangement. The circuit court’s partition commissioner denied Ralph’s claim for a fair share of what the property could have earned on the open rental market. Ralph took exception to the commissioner’s ruling, and the circuit court considered his objection.
Rule of Law
Holding and Reasoning (Haley, J.)
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