The Indiana Court of Appeals affirmed that Gina A. Behny will retain sole ownership of the house she originally purchased in 1999. Although Behny added her former boyfriend to the deed in 2001, he moved out in 2004 without making mortgage payments and later quitclaimed his interest to his brother, Terry Curella. The court deemed a forced sale grossly unfair because Behny poured $275,462.25 into the property over decades for utilities, repairs, insurance, taxes, and mortgage payments. Consequently, Terry must convey his interest to Behny and pay a $4,307.95 judgment.
Key points
The Indiana Court of Appeals affirmed that Behny retains complete ownership of her home r…: The Indiana Court of Appeals affirmed that Behny retains complete ownership of her home rather than facing a forced sale.
Terry Curella was ordered to transfer his interest to Behny via quitclaim deed and must p…: Terry Curella was ordered to transfer his interest to Behny via quitclaim deed and must pay a $4,307.95 judgment.
The judiciary rejected the partition request because forcing a sale would be grossly unfa…: The judiciary rejected the partition request because forcing a sale would be grossly unfair given the massive disparity in financial investments.
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A home bought with help from grandparents and maintained through decades of mortgage payments, repairs and household expenses became the centre of an unusual family property dispute in Indiana. More than two decades after purchasing the house, a woman found herself facing a demand to sell it from her former partner's brother, who had acquired a half-interest in the property. Despite having little financial involvement in the home, he sought to have it partitioned and sold. However, an appeals court has now upheld a decision allowing the woman to retain the entire property.
In an October 29, 2026,
opinion, available on Justia, the Indiana Court of Appeals affirmed the trial court's ruling in Terry W Curella v. Gina A Behny. The court found no clear error in the decision to award the house to Gina Behny after considering her financial contributions over more than 25 years and the limited payments made by Terry Curella. The ruling also upheld a $4,307.95 monetary judgment against him, bringing the dispute over ownership and financial responsibility closer to resolution.
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