Voss V. Brooks

In this appeal, Richard Voss challenges the superior court's dismissal of his action to partition real property situated near Mackey Lake on the Kenai Peninsula (the property). In 1983 Voss deeded the property to himself and Katherine Brooks as joint tenants. After a falling out, Voss sued for partition of the property. In response, Brooks alleged that Voss had promised to convey the land to her if she would move to Alaska and build a house on the property in which Voss, Brooks, and Brooks' two sons would live. The superior court found the existence of an oral contract to convey the land solely to Brooks, found a mutual mistake regarding the legal effect of the joint tenancy language in the deed, and reformed the deed to transfer title exclusively to Brooks. We reverse and remand.