Dominguez v. Suarez
Three co-owners each held an undivided one-third interest in an indivisible single-family home. Instead of ordering partition by sale, the trial court crafted a remedy requiring the appellee to take out a reverse mortgage, distribute the net proceeds, and deed herself an enhanced life estate with remainder to appellants. The Third DCA reversed, holding partition is a matter of right absent pleaded and proven manifest injustice, fraud, oppression, waiver, or estoppel, and that the court's improvised remedy was outside the pleadings and unauthorized by Chapter 64.
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