Cummings v. Dessel

In 2009, Dessel, Dessel’s daughter (Seal), and Cummings purchased land in Fieldbrook containing a small and dilapidated residence with a carport, planning to remodel the residence, converting it to a vacation rental. Cummings made a downpayment of $80,000, and the seller agreed to carry a note for the balance of $120,000, to be due in full in June 2015. The parties committed to make monthly interest-only payments to the seller of about $700 and to pay all insurance and property taxes. After disputes arose, Cummings sought partition of the property. The court ordered partition by the appraisal method: each half-owner could bid to purchase the other half-owner‟s interest, with the minimum bid set by appraisal. The court of appeal affirmed. While the trial court erred when it ordered partition of the property by appraisal because the parties had not agreed to that method, as is required by the statute, the defendants have not shown the error was prejudicial. View "Cummings v. Dessel" on Justia Law