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Real Property — Partition by Sale – Division of Proceeds

The parties inherited real property from their father. After their father’s death and before petitioners sought partition by sale, respondent spent $35,560.93 in taxes and repairs to the property and collected $76,123.71 in rent from tenants. The trial court could consider respondent’s receipt of rents, which he did not share with petitioners, in awarding petitioners $110,731.46 and respondent $76,168.69 from the proceeds of the sale of the property.


Patton v. Patton (Lawyers Weekly No. 012-113-22, 5 pp.) (Chris Dillon, J.) Appealed from Buncombe County Superior Court (Stephen Warren, J.) William Christy for petitioners; Gregory Johnson for respondent. 2022-NCCOA-182

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