Robert Bennett v. Angel Smart et al. (2011)

MEMORANDUM OF DECISION

This is a partition action between an unmarried couple.   A sale of the property had been previously ordered but there were no buyers.   Both parties have now asked the court to order the property sold through a real estate agent and to divide any equity between the parties.   A hearing was held on the issue on May 20, 2011, at which both parties were represented by counsel and both parties testified.

Having heard the evidence, the court issues the following orders:

1. The property shall continue to be listed with the current real estate broker, who shall have binding and final say over the listed price of the property.

2. The parties will cooperate in the sale of the property and will not act unreasonably.

3. Upon sale of the property and after the payment of the first mortgage, real estate commissions, conveyance taxes, customary tax adjustments, attorneys fees related to the conveyance and water and sewer use, the defendant will receive sixty-five (65%) percent of the net proceeds remaining and the plaintiff will receive thirty-five (35%) percent.   Out of their own share of the proceeds each party will be responsible for paying off any judgment liens that they have caused to be placed on the property.

4. Neither party may encumber the property from this day forward.

5. Each party will be responsible for their own remaining personal debts.

BY THE COURT

Jack W. Fischer, Judge

Fischer, Jack W., J.