North Dakota Supreme Court

Berger v. Repnow

January 23, 20252025 ND 25

Summary

The court held that partition law governs property accumulated by unmarried cohabitants and affirmed the finding that the parties intended to share ownership of the Expansion Drive property. It reversed the award of that property entirely to Berger because the district court did not determine and apply the parties’ proportionate ownership interests, and it reversed the unjust-enrichment award because the court failed to analyze justification and explain the $64,000 amount. The court affirmed the award of Powerhouse Nutrition to Berger.