Fox v. Barker
Indiana Court of Appeals
170 N.E.3d 662 (2021)
- Written by Darius Dehghan, JD
Facts
Judith Barker (plaintiff) and Thomas Fox (defendant) lived together for many years on a property. After their relationship ended, Barker brought suit to partition the property. Fox brought a counterclaim, contending that Barker breached their settlement agreement by bringing the partition suit. Specifically, Fox contended that Barker gave up her rights to the property under the agreement. However, Fox did not produce evidence indicating that the settlement agreement was signed by Barker or contained essential terms in writing. Moreover, although Fox was in possession of the property and made improvements to the property after the settlement agreement was made, the acts would still have been completed on the property even in the absence of the agreement. The trial court held that Barker and Fox were tenants in common, entitling Barker to an equal part of the property. Fox appealed.
Rule of Law
Issue
Holding and Reasoning (Weissmann, J.)
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