Wallace

Defendants James H. Daley and Harvey E. Daley (defendants) appeal, and plaintiff Diane M. Wallace cross-appeals, from an interlocutory judgment in an action to partition real property located in Arbuckle. In the interlocutory judgment the court ordered the property sold and the proceeds divided among the parties, the co-owners of the property. Plaintiff was credited with the increase in the property’s value caused by improvements made by plaintiff and her predecessor in interest. Defendants were credited with the value of plaintiff’s exclusive use and occupation of the property while she was a co-owner. Generally, the parties contend that the court erred in determining the value of the property and plaintiff’s entitlement to credits.

We hold the trial court properly valued the property, but erred in its determination of charges and credits. In the published portion of the opinion we hold that plaintiff is entitled to credit for improvements made by her predecessor in interest, but not for improvements she made to the property before or after acquiring her interest. In the unpublished portion of the opinion, we hold that the trial court properly valued the property, and…