Norma Dominguez, et al. v. Nancy Suarez
The Third District reversed a judgment denying partition of an indivisible jointly owned home and substituting a court-devised reverse-mortgage-plus-enhanced-life-estate remedy. Partition is a matter of right for co-owners and may be refused only in extreme cases involving manifest injustice, fraud, oppression, waiver, or estoppel — none of which was pleaded or proved. The court also held the fashioned remedy was void as relief wholly outside the pleadings and that the order erred in ignoring property appreciation and proportionate expenses.
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