Judy Wyatt v. Ronald Byrd

Property was purchased in Mr. Byrd's name alone, but Ms. Wyatt contends that partnership/joint venture profits were used to secure the purchase, such that she is entitled to an interest in the property. We find that, to the extent that partnership profits were used towards earnest money and closing costs, Ms. Wyatt is presumed to have an interest in the property. We vacate the trial court's dismissal order and we remand for an evidentiary hearing regarding whether R & J Remodeling profits were expended towards earnest money and closing costs, and to allow Mr. Byrd an opportunity to rebut the presumption of partnership property.