Maree v. Phillips

Under the parties' cohabitation agreement, the property they acquired while living together was divided between them according to the amount each paid to acquire the property, not including any amounts each paid to improve, repair or maintain the property.

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This appeal follows the entry of final judgment in a case in which, pursuant to OCGA § 44-6-166.1 and 44-6-167 and the petitions of the parties, the trial court ordered the sale of certain real property owned by the parties as joint tenants with right of survivorship, and the division of the proceeds according to the parties’ Cohabitation Agreement “the Agreement”, as construed by the trial court.

Shortly after they met in 1987, appellant Maree and appellee Phillips began living together. In September 1988, with appellant Maree providing 98 of the down payment and closing costs and appellee Phillips providing 2, the parties purchased the Dekalb County home which is the real property at the center of the current controversy.1 The parties stipulated that thereafter each party contributed equally to payment of the monthly mortgage installment. In February 1990, the parties executed the Agreement which, among other things, provided for an equal division of the payment of household expenses and guidelines for the division of the parties’ property upon the dissolution of their cohabitation.2 The parties continued to live together until 1997, when appellee Phillips moved out and filed a complaint seeking an order of partition and division of the sale proceeds pursuant to the Agreement. In a verified answer and counterclaim, appellant Maree agreed that the property should be sold and the proceeds divided pursuant to the parties’ Agreement. In November 1998, after appellant Maree filed a motion for sale of the property pursuant to OCGA § 44-6-166.1 and for distribution of the proceeds, the trial court issued an order for sale of the property. Left for resolution at trial were each party’s claim that the other had breached the Agreement, and the division of the sale proceeds pursuant to the Agreement.

Maree v. Phillips

Under the parties' cohabitation agreement, the property they acquired while living together was divided between them according to the amount each paid to acquire the property, not including any amounts each paid to improve, repair or maintain the property.

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