Beach v. Beach

• This case is about a property dispute between a mother & her daughter.
• The adult daughter ("Beach") had elderly parents.
• The daughter offered her parents to build an addition to her house.
• The parents built an in-law suite connected to the daughter's house.
• The parents agreed that the daughter would acquire the added housing unit upon their passing.
• The parents had a life-estate interest
• The daughter had future-remainder interest
• The father died.
• The mother & daughter fell out.

• The mother sued her daughter to partition her interest in the added house from the daughter's interest.
• The mother lost.
• The mother won in the appeals court.

May a life-estate interest in property be partitioned from a non-concurrent & successive remainder interest in that property?

No; a life-estate interest in property may not be partitioned from a non-concurrent & successive remainder interest in that property.

Reversed

Justice Mullarkey: <u>Concurrent ownership</u> is generally required for partition.

Without concurrent interests, there is no unity of possession to sever (partition).