Craig Wich v. Laura Corcoran
CourtSupreme Court of Vermont
Date FiledOctober 2, 2026
Docket25-AP-423
StatusPublished
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Full Opinion
NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal
revision before publication in the Vermont Reports. Readers are requested to notify the Reporter
of Decisions by email at: Reporter@vtcourts.gov or by mail at: Vermont Supreme Court, 109 State
Street, Montpelier, Vermont 05609-0801, of any errors in order that corrections may be made
before this opinion goes to press.
2026 VT 47
No. 25-AP-423
Craig Wich Supreme Court
On Appeal from
v. Superior Court, Orange Unit,
Civil Division
Laura Corcoran May Term, 2026
Daniel P. Richardson, J.
Thomas C. Nuovo of Bauer Gravel Farnham, LLP, Colchester, for Plaintiff-Appellee.
Christopher J. Smart of Smart PLC, Montpelier, for Defendant-Appellant.
PRESENT: Reiber, C.J., Eaton, Waples, Nolan and Drescher, JJ.
¶ 1. REIBER, C.J. In this appeal from a partition action, defendant argues the trial
court erred by holding that the six-year limitations period for civil actions in 12 V.S.A. § 511
barred her from obtaining credit for contributions she made to the property more than six years
previously. She also claims the trial court erred in requiring her to pay property expenses pending
the final sale or transfer of the property. We affirm the court’s order regarding post-judgment
expenses as within its discretion, but hold that contribution credits in a partition action are not
limited by § 511, and therefore reverse and remand that aspect of the court’s decision.
¶ 2. The following facts are undisputed. Plaintiff Craig Wich and defendant Laura
Corcoran married in 1990 and jointly purchased a house in Strafford, Vermont four years later.
Both lived at the property with their children until 2001, when defendant filed for divorce in
Vermont and plaintiff moved out. Two years later, the parties separately moved to Florida. In
2004, the family court in the Vermont divorce action issued an order determining parental rights
and responsibilities and parent-child contact. However, the court did not address property division,
spousal support, or grant a decree of divorce because of the parties’ move to Florida. Defendant
then filed for divorce in Florida where the parties’ divorce was finalized in 2007. In its divorce
decree, the Florida court valued the Strafford property and awarded plaintiff a 49.6% ownership
interest and defendant a 50.4% interest.
¶ 3. That same year, defendant returned to Vermont and resumed living at the property
with the children. The parties agreed that plaintiff would not assert his rights to the property until
their youngest child graduated from college. In 2023, after their youngest child graduated, plaintiff
filed this partition action in the Civil Division of the Vermont Superior Court.
¶ 4. The civil division found the parties’ tenancy by the entirety in the property
converted to a tenancy in common at the time of their divorce. It adopted the Florida court’s
ownership-interest percentages for the partition action and assigned value to each party’s share.1
It noted that the Florida divorce order required plaintiff to pay “half” of the then-existing two
mortgages and attorney’s fees.2 It also noted that despite that order, defendant made all the
mortgage and property-tax payments and paid for homeowner’s insurance, heating oil, electricity,
maintenance costs, and repairs after the divorce. Plaintiff did not contribute to any of these
expenses. The court considered reducing plaintiff’s interest by his portion of the expenses that
defendant incurred, crediting defendant’s share with plaintiff’s offset. It concluded, however, that
1
As the trial court recognized, the Florida court did not assign the property to either party
or order partition or sale. The Florida divorce order was also silent as to the parties’ responsibilities
for the ongoing expenses for the property.
2
The parties jointly requested the court modify its order to “remove any obligation to
discharge or pay off” the lien for attorney’s fees because it was no longer valid or binding on them
or the property. The court granted this request.
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12 V.S.A. § 511 barred recovery for expenses made more than six years previously, and reduced
plaintiff’s share accordingly. The court assigned the property to defendant, conditioned on her
ability and willingness to purchase plaintiff’s interest in the property. Defendant appeals.3
¶ 5. We review the trial court’s “exercise of discretion in applying the equitable remedy
of partition for abuse of discretion.” Currie v. Jané, 2014 VT 106, ¶ 19, 197 Vt. 599, 109 A.2d
876. However, whether contribution credits in a partition action are subject to 12 V.S.A. § 511’s
six-year limitation period is a question of law we review de novo. Id.
¶ 6. Defendant first argues the trial court erred by concluding § 511 precluded credits
for contributions made more than six years in the past because partition is an equitable remedy that
requires the court to consider all relevant circumstances to ensure justice is served. We agree that
§ 511 does not apply and that the matter must be remanded to the trial court to apply the credits
due to defendant.
¶ 7. Section 511 of Title 12 is the general statute of limitations for civil actions.
Fitzgerald v. Congleton, 155 Vt. 283, 287, 583 A.2d 595, 598 (1990) (describing § 511 as “a
catchall statute that applies to civil actions generally”). It requires such actions “be commenced
within six years after the cause of action accrues and not thereafter.” 12 V.S.A. § 511. The trial
court reasoned that defendant’s claim for contributions was independent of the partition statute
and was therefore subject to § 511. We conclude that as an equitable remedy, contribution credits
3
Plaintiff’s appellate brief refers to a cross-appeal and argues that the trial court erred by
reducing his interest in the estate by amounts owed under the Florida court order because defendant
did not file a counterclaim and the claims were more than six years old. To the extent this issue is
not resolved by our holding here, we do not address the cross-appeal. The trial court record
indicates plaintiff filed a notice of cross-appeal in the civil division, but no copy was filed with
this Court. See V.R.A.P. 3(b)(1)(B)(i) (requiring appellant to provide copy of notice of appeal to
Supreme Court); Moran v. State Ret. Bd., 2015 VT 119, ¶ 15, 200 Vt. 354, 131 A.3d 212
(explaining that “[i]dentifying the court to which an appeal is directed is not a mere formality, but
rather a substantive requirement under Appellate Rule 3,” and that “[e]ven under a liberal
construction of the rule,” an appeal filed “in the superior court does not meet this requirement
because it does not name the Supreme Court as the forum for the appeal,” and “fails to notify the
opposing party and this Court of a proceeding here”).
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in a partition action are not time-barred by § 511. The trial court erred in concluding that it could
not credit defendant for contributions made more than six years previously.
¶ 8. Partition originates from common law and is “both an action at law and an equitable
remedy.” Martin v. Lyon, 2024 VT 68, ¶ 12, 220 Vt. 194, 329 A.3d 184. The statutes governing
partition do not include a statute of limitations for partition. See 12 V.S.A. §§ 5161-5188. We
have recognized that partition statutes expanded the trial court’s equitable powers; as such, the
statutes should be liberally construed and “interpreted to give the trial court as many options as
possible to achieve equity between the parties.” Wilk v. Wilk, 173 Vt. 343, 346, 795 A.2d 1191,
1193-94 (2002). Because a partition is equitable in nature, “ ‘courts should consider all relevant
circumstances to ensure that complete justice is done.’ ” Id. at 346, 795 A.2d at 1194 (quoting 7
R. Powell, Powell on Real Property § 50.07[3][a], at 50-40 (M. Wolf ed. 2001)). It follows that
contribution credits in a partition action are not subject to the statutory time limitation claimed
here.
¶ 9. Co-tenants may partition a property they hold as tenants in common. 12 V.S.A.
§ 5161. We have held that once a co-tenancy is established, “the partitioning court should split
the property in half and then consider equitable factors” in a specific order “[a]bsent a compelling
alternative approach.” Whippie v. O’Connor (Whippie I), 2010 VT 32, ¶ 15, 187 Vt. 523, 996
A.2d 1154. First, the court should consider each party’s contributions to the “actual expenses of
the house, including mortgage, insurance, taxes, utilities, repairs, and improvements. Id. Next,
the court should determine whether there was ouster by the co-tenant in possession, and, if so, that
rental value should be offset against the contribution claim. Id. ¶ 15. Finally, the court should
consider “other equities cognizable in partition and then any allocation of costs and fees arising
from partition.” Id.
¶ 10. While the facts in Whippie I are not the same as those before us here, applying this
analytical framework shows the parties’ contributions toward the property are inextricably
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intertwined with the partition action itself and the percentage shares conferred. Indeed, we have
acknowledged that the equitable nature of contribution credits in a partition action reflect the
burdens and benefits of partial ownership:
[T]he goal of partition actions is that a cotenant must equally share
both the burdens of land ownership (i.e., the responsibility of
preserving the land) as well as the benefits. Thus, if one cotenant
bears a disproportionate share of the burden, the other cotenants
must provide compensation, and if one cotenant enjoys a
disproportionate share of the benefits, the other cotenants must be
compensated to achieve partition’s equitable goals.
Massey v. Hrostek, 2009 VT 70, ¶ 21, 186 Vt. 211, 980 A.2d 768 (quotations omitted), overruled
on other grounds by Whippie v. O’Connor (Whippie II), 2011 VT 97, ¶ 14, 190 Vt. 600, 30 A.3d
1292 (mem.); see also Restatement (First) of Restitution § 105(2) (1937) (“A person who through
legal proceedings procures or preserves property in which he and another have an interest may be
entitled to reasonable compensation for his services and restitution of his expenses in obtaining or
preserving the property.”).
¶ 11. Our recent decision in Martin v. Lyon supports the conclusion that contribution
credits align with allotted property division percentages with no bar imposed by § 511. In Martin,
we held that prejudgment interest is not available in a partition action because a partition award is
not an award of “damages.” 2024 VT 68, ¶¶ 13-14 (holding “partition awards do not trigger
prejudgment interest”); 12 V.S.A. § 5174 (providing that if property subject to partition cannot be
divided without great inconvenience to interested parties, court may assign property to one party
if they pay sum equal to equitable interest of other). There, we explained credit for a party’s
contributions “are part of the distribution of equity in the property . . . analogous to the physical
partition.” Martin, 2024 VT 68, ¶ 13. Contribution credits in partition actions stem from the same
equitable roots as the partition itself, and are not a claim for damages.
¶ 12. Plaintiff argues that statutes of limitations apply, at least by analogy, to equitable
claims. See, e.g., McLaren v. Gabel, 2020 VT 8, ¶ 35 n.10, 211 Vt. 591, 229 A.3d 422 (per curiam)
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(“Section 511 of Title 12 applies to actions for unjust enrichment.”); Collard’s Adm’r v. Tuttle, 4
Vt. 491, 492 (1832) (“Courts of Equity are bound by the statute of limitations; and it is regarded
in a court of equity, as well as in a court of law, as running upon all legal titles and
demands. . . . [E]quity adopts and takes the same limitation in cases that are analogous to those, in
which it applies at law.”). He asserts that we applied this logic to a partition action filed by a
tenant in common who was excluded from possession in Paul v. Prior, 137 Vt. 299, 404 A.2d 105
(1979) (per curiam). Plaintiff asserts that if, under Paul, it is legally justifiable to apply a statute
of limitations to a partition action filed by an excluded co-tenant, there is no legal justification to
not apply the statute of limitations to a party seeking monetary compensation for contributions
made that benefit the property.
¶ 13. We disagree. Our holding and analysis here are consistent with Paul. There, we
reversed the trial court’s decision dismissing the partition action as barred by the statute of
limitations. Id. at 300, 404 A.2d at 106-07. We explained partition “is a continuing right” of each
co-tenant, but the statute of limitations runs “against a [co-tenant] who had been excluded from
possession, as of the time of such exclusion.” Id. (citing Coolidge v. Coolidge, 130 Vt. 132, 134,
287 A.2d 566, 568 (1971) (“The general law is that partition is a right incident to common
ownership which a co-owner may demand absolutely.”)). This latter statement is an implicit
reference to 12 V.S.A. § 501, the statute of limitations that would require an ousted co-tenant to
bring an action to recover or possess land within fifteen years. There is no comparable statute of
limitations within the partition statutes for claims for contribution credits. Moreover, here,
although plaintiff claims he was excluded from the property, the trial court did not find there was
ouster. Paul does not provide a basis for applying the statute of limitations.4
4
Our holding applies only to claims for credits made within the context of a partition
action; we do not decide here whether a claim for contribution arising out of an ouster would be
subject to § 511.
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¶ 14. On appeal, defendant also argues the trial court abused its discretion by requiring
her to pay the property’s ongoing expenses while she occupied it after the court’s order until sale.
She appears to claim that she should have received additional credit for these future expenses. We
see no abuse of discretion. The court assigned the property to defendant under 12 V.S.A. § 5174
because of her connection to it, subject to her ability and willingness to purchase plaintiff’s interest
within ninety days. The court said if defendant remained on the property during this period, she
would be responsible for its ongoing expenses. Alternatively, if defendant vacated the property,
she was to give plaintiff notice, at which point he would be responsible for the ongoing expenses.
Given that defendant is in voluntary, exclusive possession of the property, requiring her to pay the
interim costs pending the final transfer or sale of the property was equitable and not an abuse of
discretion. See, e.g., Currie, 2014 VT 106, ¶ 29 (upholding trial court’s partition division as
equitable).
The trial court’s requirement that defendant pay the property’s ongoing expenses until sale
is affirmed. The court’s determination that contribution credits due to defendant are subject to 12
V.S.A. § 511’s statute of limitations is reversed, and the matter is remanded for recalculation of
the credits owed by plaintiff.
FOR THE COURT:
Chief Justice
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