Pedersen v. Brook

Summary

The New Hampshire Supreme Court vacated and remanded a probate court order in a partition action involving property conveyed to the parties as joint tenants. The court held that the probate court had authority to determine the legal status and effect of the deed and the parties’ respective interests, including the relevance of their contributions and any completed gift. The probate court had failed to resolve those issues before awarding the defendant $4,000 and decreeing the plaintiff sole owner.

Holdings

1. The probate court erred in concluding that it lacked jurisdiction to rule on the efficacy and legal import of the deed conveying the property to Pedersen and Brook as joint tenants.
2. A conveyance into joint tenancy does not necessarily create an irrebuttable entitlement to one-half of the property's value in a partition proceeding.

Questions Presented

1. Whether the probate court had authority in a partition action to determine the efficacy and legal import of the deed conveying the property to Pedersen and Brook as joint tenants.
2. Whether the probate court had authority to determine the status of legal title and the parties' respective interests in the property under RSA chapter 547-C.
3. Whether the conveyance and the parties' contributions required Brook to receive an undivided one-half interest or permitted an equitable division under the partition statute.

Disposition

vacated_and_remanded