Anderson v. Woodward, 2009 MT 144

Summary

The Supreme Court of Montana affirmed a partition order determining that Vernon A. Anderson had gifted real property at 636 Mahon to Nancy Lee Woodward. The court held that parol evidence, including the parties’ conduct, relationship, contributions, and email correspondence, could establish the intent and delivery of a gift in an equitable partition action. The court concluded that substantial credible evidence supported the district court’s findings.

Holdings

1. In an equitable partition action, a party may rebut the presumption of equal ownership of jointly held property by proving that the other cotenant intended to make a gift, and proof of that intent may be established through parol evidence and other relevant evidence.
2. The District Court's finding that Anderson intended to gift 636 Mahon to Woodward was supported by substantial credible evidence and was not clearly erroneous.
3. The District Court did not abuse its discretion by admitting and considering the email correspondence because the emails were relevant evidence of the parties' intent concerning ownership and the alleged gift.

Questions Presented

1. Whether the District Court correctly determined that Anderson had gifted the 636 Mahon property to Woodward.
2. Whether the District Court properly admitted and considered the parties' email correspondence as relevant evidence of Anderson's intent to make a gift.

Disposition

affirmed