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SPEARS v. SPEARS The Superior Court of Pennsylvania, 769 A.2d 523 (2001)
Case Brief
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SPEARS v. SPEARS
PURPOSE: Spears discusses the partition of former marital real property along with adverse possession.
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SPEARS v. SPEARS
CAUSE OF ACTION: Suit in partition (of former marital property).
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SPEARS v. SPEARS
FACTS: The husband and wife married 1967, separated 1969, divorced The husband lived on the property since 1969, paid all expenses of the property, including mortgage, insurance, and maintenance. In 1998, the ex-wife sued to have the property partitioned, the ex-husband sued her for reimbursement for maintenance costs, and she counterclaimed for back rent. At trial the court rejected the ex-husband’s claim of adverse possession and ordered the property partitioned.
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SPEARS v. SPEARS
ISSUE: Whether the lower court erred or abused its discretion in directing partition under 23 Pa.C.S.A. § 3507(a) by deciding as a matter of law that Johnny Spears does not have standing to raise the affirmative defense of adverse possession because § 3507(a) provides each cotenant an absolute right to partition.
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SPEARS v. SPEARS
HOLDING: Yes. There is no per se rule which precludes a husband from asserting adverse possession as a defense to a wife’s action for partition.
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SPEARS v. SPEARS
REASONING: The appellate court found trial court’s precedent inapposite. The appellate court noted that the former husband will have to show that he ousted his co-tenant, his former wife, from the property. His sole possession of the property since the separation does not necessarily establish adverse possession.
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