What to do if a tenant-in-common is not paying their share?

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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 9 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.


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