Q: My mother owns a house with 2 siblings. 2 out of the 3 are on the mortgage but all 3 are on the deed.
All of a sudden the siblings want to exercise their rights as co-owners to force a tenant out over occasionally blocking the driveway. Neither live there and the car in the driveway belongs to my cousin. Neither has paid the mortgage, taxes or repairs in over 30 years. If the house is sold d the profits have to be divided equally?
A: Your mother would owe an imputed rent for use and occupancy, offset by expenses she advanced, in a partition action and sale.
1 user found this answer helpful
A: The other owners can assert their rights to the property by commencing a partition action and forcing a sale of the property. As part of the case, an accounting would be done. Although your mother may seek contribution from the co-owners for expenses she has paid, the case law is against awarding her this relief in the absence of an agreement amongst the owners to do this.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
