Harrington v. Harrington
Harrington v. Harrington
Opinion of the Court
The sole issue of this appeal is whether exclusive possession of realty by a holder of record title
The marriage of the plaintiff and the named defendant was dissolved in 1970. In that judgment, the defendant husband was ordered to convey his one-half interest in the marital realty to the plaintiff wife, who also had a one-half interest, in lieu of alimony to her. The plaintiff also was given custody of the parties’ five children. After the dissolution, therefore, the plaintiff had title to the entire fee. In 1973, the plaintiff entered Connecticut Valley Hospital for treatment of alcohol addiction. The defendant sought and was given custody of the children. In 1974, the plaintiff conveyed a one-half interest in the home to the defendant pursuant to an agreement that required the defendant, in consideration of the conveyance, to pay certain expenses relating to the property. In 1975, the plaintiff was again hospitalized and the defendant moved into the house with the children.
The plaintiff brought an action against the defendant,
The possession of realty by one cotenant is ordinarily not adverse to the title of the other cotenant because the possession is subservient to that title. Ruick v. Twarkins, 171 Conn. 149, 157, 367 A.2d 1380 (1976). The plaintiff in this case is a record title holder and the sole fact that the plaintiff did not have possession would not be sufficient to deprive her of the remedy of partition or sale. The court correctly concluded that the plaintiff was entitled to the remedy of sale because the realty did not lend itself to a partition and because General Statutes § 52-500 requires only that the party seeking the sale have an ownership interest. The plaintiff’s record title ownership of one-half interest entitled her to the remedy of sale despite the exclusive possession by the defendant.
There is no error.
In this opinion the other judges concurred.
The New Haven Savings Bank, the mortgagee, was also named as a defendant. All the parties stipulated that the payment due the bank, including interest, principal and attorney’s fees, would first be satisfied from any sale, prior to disbursement of any funds to the plaintiff and the named defendant. As used in this opinion, the term defendant refers to the named defendant only.
General Statutes § 52-495 provides in relevant part: “Courts . . . may . . . order partition of any real property held in . . . tenancy in common . . . .”
General Statutes § 52-500 provides in relevant part: “(a) Any court of equitable jurisdiction may, upon the complaint of any person interested, order the sale of any property, real or personal, owned by two or more persons, when, in the opinion of the court, a sale will better promote the interests of the owners.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.