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Colburn v. Colburn

Maryland Supreme Court
290 A.2d 480 (Md. 1972)


Facts

Before they divorced, Marjorie (plaintiff) and James Colburn (defendant) jointly owned four rental properties. James paid expenses and collected rent without sharing the proceeds with Marjorie. James’s company rented one as its office even after he retired. James also paid to repair and improve one property without telling Marjorie, although the lease did not require landlord repairs. Two months before voluntarily moving out of the marital home, Marjorie sued for an accounting and appointment of a receiver to protect her interests. After appeal and remand, the court awarded Marjorie half the rents, including from the business property, but not half the joint bank accounts. The court deducted taxes and insurance James paid on the marital home and for the rental property repairs and improvements. The court also ordered James to pay Marjorie half of future rents and keep money in a joint account to cover carrying costs. James again appealed, and requested an offset for amounts Marjorie withdrew from joint accounts.

Rule of Law

Issue

Holding and Reasoning (Finan, J.)

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