I inherited my parents home with siblings. I live in it. I am the only one paying taxes and maintenance. Can they get away without paying for anything?

I would like them to sign over their
share so I can sell it.

Asked on September 5, 2016 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, they can get away with paying nothing if they are willing to free load. What you can do is force a sale of the home--if they won't voluntarily agree, you can bring an action in court "for partition," which is a lawsuit seeking a court order requiring the sale of the property because the owners cannot agree as to what to do with it. The court can order the sale and that the proceeds of the sale (less taxes, costs of sale, mortgage) be distributed among the owners. In that distribution, if you have been paying the taxes and maintenance, you may be able to get a credit for those payments and therefore a larger share of the proceeds. If you wish to explore this option, consult with a real estate attorney.


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