8.15 Adjustment of Interests for Expenditures and Debts

• Library: Real Estate Practice Deskbook (2019 Ed.)

3. (§8.15) Adjustment of Interests for Expenditures and Debts

In addition to determining the parties' respective ownership interests in the property, the courts may "adjust the equities" between the parties arising after the acquisition of the property by granting one cotenant a right of contribution from the other cotenants. See Devoto v. Devoto, 39 S.W.2d 1083, 1084 (Mo. App. E.D. 1931). A right to contribution from the other cotenants can be enforced through the division of the sale proceeds. Cmty. Bank of Chillicothe, Mo. v. Campbell, 870 S.W.2d 838, 842 (Mo. App. W.D. 1993). If the property is divided, however, the cotenant's right to contribution is enforced by placing an equitable lien on the other cotenant's property. See Hahn v. Hahn, 297 S.W.2d 559, 567 (Mo. banc 1957). Thus, a cotenant's right to contribution will be enforced in equity through a partition suit, but this right does not alter the underlying ownership interests of the parties in the property. See Cmty. Bank of Chillicothe, 870 S.W.2d at 841–42.

A cotenant may have a right of contribution from another cotenant for expenditures made, above the cotenant's pro rata share, for repairs, improvements, taxes, and other expenses related to the property depending on the circumstances of the particular expenditure. Hartog v. Siegler, 615 S.W.2d 632, 636 (Mo. App. E.D. 1981). Any right to contribution must arise from the property subject to partition or must be related to, or connected with, the property in some way. Grunden v. Nelson, 793 S.W.2d 569, 574 (Mo. App. S.D. 1990). If the expenditures are made with the consent of the cotenants, a right of contribution arises. Beckham v. Eggleston, 341 S.W.2d 337, 341 (Mo. App. W.D. 1960).

Expenditures for improvements and repairs made without the consent of

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