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A home bought with help from grandparents and maintained through decades of mortgage payments, repairs and household expenses became the centre of an unusual family property dispute in Indiana. More than two decades after purchasing the house, a woman found herself facing a demand to sell it from her former partner’s brother, who had acquired a half-interest in the property. Despite having little financial involvement in the home, he sought to have it partitioned and sold. However, an appeals court has now upheld a decision allowing the woman to retain the entire property.
In an October 29, 2026, opinion , available on Justia, the Indiana Court of Appeals affirmed the trial court’s ruling in Terry W Curella v. The court found no clear error in the decision to award the house to Gina Behny after considering her financial contributions over more than 25 years and the limited payments made by Terry Curella. The ruling also upheld a $4,307.95 monetary judgment against him, bringing the dispute over ownership and financial responsibility closer to resolution. To arrange the down payment, she borrowed $10,000 from her grandparents and financed the remaining $42,000 through a mortgage. Around 2001, Behny needed additional money to pay an attorney in a child custody matter and carry out repairs to the house. Gregg agreed to co-sign a refinancing arrangement, increasing the mortgage from approximately $42,000 to $57,580. The ownership dispute took a new turn in January 2021, when Gregg transferred his interest in the property to his brother, Terry Curella, through a quitclaim deed. The transfer was recorded on January 29, 2021, giving Terry an undivided half-interest in the house. Gregg had lived there between 2001 and 2004 but had not made mortgage payments, according to the court record. He made one mortgage payment of $657.19 and one property tax payment of $456.64, which duplicated a payment already made through Behny’s mortgage escrow. After Terry’s name was recorded on the title, she lost her homestead deduction, causing her monthly mortgage payment to increase by approximately $100 for two years. In April 2022, around 15 months after acquiring his interest, Terry petitioned the court to partition the property by sale. He submitted an appraisal valuing the house at $98,000 and sought to exercise his rights as a co-owner. The trial court calculated her total contributions towards the property at $275,462.25. Following a bench trial on August 28, 2024, the trial court concluded that requiring a sale would be grossly unfair.
Gina A Behny. Her boyfriend at the time, Gregg Curella, moved into the property with her. Terry had never lived in the property. Terry’s financial involvement was also limited. The ownership transfer also affected Behny’s finances. By comparison, Terry had made only two payments, both of which largely duplicated expenses already covered by Behny. the court awarded the entire property to Behny and directed him to transfer his interest to her through a quitclaim deed Although it granted Terry’s petition for partition.