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Howard V. Hughes, 134 Nev. Adv. Op. 80 (Oct. 4, 2018), Christian Ogata
Howard V. Hughes, 134 Nev. Adv. Op. 80 (Oct. 4, 2018), Christian Ogata
Nevada Supreme Court Summaries
The Court clarified the holding of Langevin v. York, and applied the presumptions outlined in Sack v. Tomlin to unmarried joint tenants. The Court held that before property may be partitioned and shares are proportionally divided between unrelated joint tenants, a party must overcome the presumption of equal ownership. If a party overcomes this presumption, the shares are proportionally divided based on the parties’ respective financial contributions to the initial purchase price, unless the other party can show a donative intent to gift an equal ownership interest.