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Maree v. Phillips

Appellant was not entitled to reimbursement for appellee's share of the mortgage prior to the sale of their partitioned property because appellant had exclusive use of the property.

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In a previous appearance before this Court, we affirmed a judgment of the trial court ordering the sale of certain real property pursuant to an action for statutory partitioning, and dividing the proceeds equally according to the terms of a cohabitation agreement between the parties. Maree v. Phillips, 272 Ga. 52 525 SE2d 94 2000 “Maree I”.

Upon return of the remittitur, the trial court appointed three commissioners to conduct a public sale of the property pursuant to OCGA § 44-6-167; the property was sold; and the proceeds were paid into the registry of the court for distribution to the parties. Thereafter, Maree filed an application for payment of post-judgment expenses, claiming that Phillips refused to make contributions to the mortgage during the 11-month period from the time of the judgment in Maree I, until the sale of the property, thus requiring Maree to pay Phillips’ share. Maree sought reimbursement for half of the mortgage payments made during that period, for improvements she made to market the property, and for weather-related repairs. The trial court denied reimbursement for mortgage payments and discretionary expenditures to improve the property, but granted reimbursement for repairs caused by an act of God. Maree appeals.

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