Page 124 of What Remains of Grace

“Good morning,” she said, settling in. “We are on the record in Bailey versus Hart and Cruz, Case Number 24-CP-316. This is set for a preliminary hearing on the plaintiff’s complaint for partition of real property. Appearances, please.”

Ramirez rose. “Good morning, Your Honor. Alicia Ramirez, on behalf of respondents Jenna Hart and Emmeline Cruz, who is a minor. Ms. Hart appears as co-tenant and as next of kin for Ms. Cruz.”

Troy’s counsel stood. “Good morning, Judge. Mark Decker on behalf of plaintiff Troy Bailey, who is present.”

The judge nodded. “All right. I have read the pleadings, including the complaint for partition, the respondents’ answer and affirmative defenses, and the pre-hearing memorandum. I also see there has been some movement since our last case management conference.” She peered over the top of her glasses. “Counsel, do we have an agreement?”

“Yes, Your Honor,” Ramirez said. “The parties have reached a stipulated resolution, subject to the court’s approval, that would render the requested partition by sale unnecessary.”

“That is correct, Your Honor,” Decker echoed. “We have agreed in principle to a buyout of my client’s undivided interest.”

“All right,” Judge Collins said. “Let’s put the material terms on the record and make sure everyone understands what they’re getting into. Ms. Ramirez?”

Ramirez stepped to the lectern, her posture straight. “Thank you, Your Honor. As the court is aware, this is a post-decedent situation involving co-owned real property, the Hart family residence on Athens Street and The Blue Cypress Bakery, which share common ownership. Upon Ms. Hart’s sister’s death intestate, her fifty-percent interest devolved, pursuant to Florida statute, in equal parts to her surviving spouse, Mr. Bailey, and her child, Ms. Cruz, resulting in an undivided twenty-five percent fractional interest for each, with the remaining fifty percent owned by Ms. Hart.”

Judge Collins nodded. “Yes, I recall that from the pleadings.”

“Since Mr. Bailey vacated the marital home approximately eight months ago and Mrs. Bailey was deceased four months ago,” Ramirez continued, “Ms. Hart has been in sole possession of the premises. During that time, she has borne one hundred percent of the carrying costs—mortgage, taxes, insurance, utilities—and has funded extensive capital improvements to both the residence and the bakery. We have submitted as Exhibit B, a detailed ledger of those improvements, totaling one hundred twenty-three thousand, four hundred eleven dollars and nine cents in out-of-pocket expenditures.”

She slid the thick packet onto the corner of the bench. The clerk stepped up, took it, and marked it.

“Exhibit B, so marked,” the clerk said.

“We have also jointly obtained and filed as Exhibit A a certified appraisal of the fair market value of the combined properties,” Ramirez went on. “That appraisal values the whole at seven hundred fifty thousand dollars.”

Another document changed hands. “Exhibit A,” the clerk intoned.

“Under Florida law governing partition and co-tenancy,” Ramirez said, slipping into the rhythm she’d no doubt practiced, “a co-tenant in sole possession who has made necessary expenditures and improvements which enhance the value of the property is entitled to equitable credits or setoffs when the property is partitioned or otherwise adjusted. Case law, specifically Condrey v. Condrey, 92 So. 2d 423, and its progeny, recognizes that it would be unjust to allow an absentee co-owner to reap the benefit of those expenditures without contribution.”

Judge Collins nodded again, more slowly this time. “Yes. I’m familiar with Condrey.”

“Applying those principles here,” Ramirez said, “and after discussions with opposing counsel, the parties have agreed that Ms. Hart’s capital improvements and carrying costs should be credited against Mr. Bailey’s claimed twenty-five percent equity interest. The parties have further agreed, as a compromise, that Ms. Hart and Ms. Cruz will pay Mr. Bailey a lump sum of one hundred twenty thousand dollars in exchange for his executing a quitclaim deed conveying any and all right, title, and interest he holds in the properties to Ms. Hart, who will also hold in trust for Ms. Cruz’s minority share. The payment will fully satisfy his interest, and the partition action will be dismissed with prejudice.”

The judge looked over at Decker. “Mr. Decker, is that an accurate summary of your client’s understanding?”

“Yes, Your Honor,” Decker said. “We concur with counsel’s recitation of the terms.”

“And you, Mr. Bailey?” Judge Collins asked, turning her gaze to Troy. “Do you understand that if I approve this, you will receive a one-time payment of one hundred twenty thousand dollars, and you will permanently relinquish any ownership interest in the house and the bakery? No future claims. No percentage. You’re done.”

Troy shifted in his seat but managed his trademark easy smile. “Yes, Your Honor. I understand. I’m satisfied with the arrangement.”

Emmie made a noise under her breath that was somewhere between a scoff and a growl. Jenna placed her hand lightly over her niece’s on the table to keep her from saying whatever came next.

“All right,” the judge said. “Before I rule, I want to briefly hear from Ms. Hart on the record. Ms. Hart, would you please come forward and be sworn?”

Jenna’s stomach plummeted. She stood, wiping her palms discreetly on her skirt, and walked to the witness stand. The bailiff met her there, Bible in hand.

“Raise your right hand,” he said. “Do you swear or affirm that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth?”

“I do,” Jenna said.

She sat. The wooden seat was harder than she’d expected. The microphone loomed close enough that she could hear her own breathing.

“State your name for the record, please,” Judge Collins said.

“Jenna Marie Hart,” she replied.

“Ms. Hart, you’ve heard your attorney outline the settlement terms. In your own words, can you tell me why you’re agreeing to this buyout rather than proceeding with a traditional partition sale?”