If my 2 nephews are on my house title but have not contributed to the upkeep, taxes or insurance, can I deduct these costs from their share of the selling price?

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If my 2 nephews are on my house title but have not contributed to the upkeep, taxes or insurance, can I deduct these costs from their share of the selling price?

nephews and on the house deed as ETall

Asked on August 25, 2018 under Real Estate Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Did you have an agreement, in writing, with your nephews regarding the payment of such expenses? If not, then unfortunately you have no claim here. In effect, in the eyes of the law you voluntarily undertook making the payments for the costs tht you have described. Accordingly, you are not entited to any reimbursement.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you cannot, not unless you and they had a written agreement that in exchange for you paying those costs, you would receive a larger share of the proceeds of any sale. Without such an agreement, a court would look at it that you voluntarily choose to bear or pay those costs, and your voluntary choice to do so does not entitle you to get more money or force them to accept less.


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