Musta joint tenant pay real estate taxes, etc in order to jeep their interest in the property?

My ex-partner and I (non-married) own a home together as joint tenants. I moved out and she still lives there. If I don’t provide her any money towards the school/property taxes and she pays them completely herself, are there any consequences for me? Specifically, could I lose my 1/2 of the house by not putting any money towards the taxes?

Asked on September 6, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are on title to a pice of real property owned by you and another person as joint tenants, under the law of all states there is an implied agreement between you and the other owner that each will pay their equal share for the property's upkeep, maintenance, taxes and the like.

If you are not paying the amount you are obligated regarding the property and the other owner is paying your share, that person has an equitable lien for the amounts paid upon the property that you owe with accrued interst at the legal rate.

In the end the other owner could end up purchasing your interest in the unit by way of a partition action or could file suit against you for unpaid moneys, obtain a judgment and have your share in the property sold to satisfy any judgment against ypu.

Good question.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.