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A, B, and C own Beach House as tenants in common, each with a one-third interest. Beach House is a single-family vacation home on a small oceanfront lot. A lives there for three months each year. B rented the entire house to tourists for the summer without asking A or C and collected $45,000 in rent after paying $9,000 in cleaning and advertising expenses. C paid $18,000 in property taxes to prevent a tax sale. A, without consulting B or C, spent $90,000 adding a deck that increased the property's value by $50,000. B removed several antique fixtures and sold them.
C now seeks partition by sale. A wants partition in kind so A can keep the house. B argues that C cannot force any partition because B leased the house to tourists for the next summer. A's lender also claims that A's one-third interest is subject to a mortgage A granted last year.
Discuss how the court should handle partition and accounting. Address partition in kind versus sale, the summer lease, A's mortgage, rental income, C's tax payment, A's deck, B's removal of fixtures, and likely distribution of proceeds.