Key facts and findings include:
- Todd Aubuchon initiated the action for equitable partition of the property at 73 Jewett Road in Pittston, Maine. Carina O’Connor counterclaimed for both statutory and equitable partition.
- The parties were married in 1986 and purchased the property in 2007. O’Connor was responsible for finances and bill payment.
- O’Connor left the marital home in March 2013. Shortly after, M & T Bank Corporation filed a foreclosure complaint due to mortgage payment arrears dating back to November 2012.
- Aubuchon arranged for a loan modification and subsequently made mortgage, tax, and insurance payments.
- The Massachusetts court, which granted O’Connor a divorce in 2015, did not address the Maine property.
- The fair market value of the property at the time of trial was agreed to be $223,600, with an equity of $88,601.73 after the principal balance due on the modified loan ($134,998.27). The parties agreed the property could not be physically divided and thus equitable partition was appropriate.
The court’s decision on credits:
- Aubuchon was awarded a credit of $125 for maintenance and repairs. His claims for improvements (pond, rock wall, garden, swimming pool) were denied due to lack of evidence of increased property value.
- Aubuchon was granted a credit of $33,265.75 (one-half of $66,531.50) for mortgage, tax, and insurance payments made since March 2013. The court rejected O’Connor’s argument against this credit, noting that arrears began when O’Connor was still responsible for bills.
- O’Connor was awarded a credit of $33,000 for the fair rental value of the property ($1,500/month x 44 months / 2) due to Aubuchon’s exclusive possession.
The final equitable partition of the proceeds from the sale of the property was calculated as:
- Sale proceeds: $223,600
- Principal Balance Due: $134,998.27
- Balance (equity): $88,601.73 (subject to adjustment)
- Aubuchon’s adjusted share: $44,691.62
- O’Connor’s adjusted share: $43,910.12
The court ordered the property to be immediately placed on the market for sale. Aubuchon was given the option to refinance the loan and pay O’Connor her share within 30 days to gain full ownership of the property.
Summary by Gemini