Vargo v. Adams

Summary

The court affirmed denial of equitable partition because property held by unmarried parties as joint tenants with a right of survivorship cannot be partitioned until the joint tenancy is severed. Statutory partition was unavailable because that remedy applies only to tenants in common, and the trial court properly rejected the appellant's due-process objection because he had a full and fair opportunity to litigate the issue. The court explained that the exception for equitable division of jointly held property applies in divorce proceedings involving marital property.