What is the test for good faith in an action for partition of a cotenant's property?

California, United States of America


The following excerpt is from Wallace v. Daley, 220 Cal.App.3d 1028, 270 Cal.Rptr. 85 (Cal. App. 1990):

This rule applies "[e]ven though one cotenant does not consent to the making of the improvement, since an action for partition is essentially equitable in its nature, a court of equity is required to take into account the improvements which another cotenant, at his own cost in good faith, placed on the property which enhanced its value...." (Mercola v. Chester (1950) 97 Cal.App.2d 140, 143, 217 P.2d 32.) Here neither party contends that the improvements Podva made to the property were made in other than good faith.

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