What to do if a tenant-in-common is not paying their share?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if a tenant-in-common is not paying their share?
I am in a TIC and 1 partner is not paying their share of renovation costs. There is no agreement. I do not wish to terminate the TIC or sell the property, just revoke a percentage based on the current price of the market. How do I go about this?
Asked on June 13, 2012 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
That may be difficult to do. A tenancy in common generally means that two or more people own undivided fractional interests in the same property. Each co-owner has the right to use and possess the whole property, as long as other co-owners are not excluded. And none of the co-owners may take any action with respect to the whole property without the written permission of the others. So you can not re allocate the shares. You may need to sue the other partner of they did agree to the work on a contractual basis but your relationship here may govern that. Please seek help from ana ttorney in your area. Good luck.
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.