Underwood v. Bunger

The owner of real property executed a warranty deed to three grantees, two of whom (Husband and Wife) were married. A dozen years later, in a separate case, the circuit court entered a damages judgment against Husband and the third grantee (Underwood) and in favor of Underwood’s former employer (Demming). The Demming judgment subsequently became a lien on the property. Husband subsequently denied. Thereafter, Underwood brought this action seeking to partition and sell the property and distribute the proceeds, arguing that she, Husband, and Wife owned the property as tenants in common and that she no longer wanted to own the property in common with Wife and Husband’s Estate. The trial court granted summary judgment for the Estate and Demming. The court of appeals affirmed, concluding that Husband’s interest in the property passed directly to Wife upon his death and not to his Estate. The Supreme Court granted transfer and reversed, holding that Indiana’s legal presumption that spouses owning real property hold their interests as tenants by the entirety is rebutted on the record in this case because the deed conveying the property specifies that the tree grantees shall take the property “all as Tenants-in-Common.” Remanded. View "Underwood v. Bunger" on Justia Law