Rule of law | Law homework help

Analyze the case based on the following criteria:

• Identify the parties involved in the case dispute (who is the plaintiff and who is the defendant).
• Identify the facts associated with the case and fact patterns.
• Develop the appropriate legal issue(s) in question (i.e., the specific legal issue between the two parties).Provide a judgment on who should win the case – be clear.
• Support your decision with an appropriate rule of law.
• Be prepared to defend your decision and to objectively evaluate the other points of view.

After they were married, Helen and Burr Dietz purchased real property as tenants by the entirety. Helen subsequently moved out, and the parties agreed that if they were to become divorced, they would share the proceeds of the sale of their prop-erty. Helen and Burr divorced, and their tenancy by the entirety was converted into a tenancy in com-mon. Burr continued to live in the residence, and Helen brought an action for the partition or sale of the property. She sought to receive half of the pro-ceeds of the sale and rent for the period that she did not live on the property. The trial court deter-mined that the property could not be partitioned, and therefore it directed the parties to sell the property and divide the proceeds accordingly. Burr did not want to sell the property and appealed the court’s decision.

How do you think the case was decided on appeal? [ Deitz v. Deitz, 664 N. Y. S. 2d 868 ( 1997).]

Solution:

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