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Joint ownership real Estate Taxes

Discussion in 'Joint Ownership' started by jsarniejr, Sep 15, 2016.

  1. jsarniejr

    jsarniejr Law Topic Starter New Member

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    I'm looking for a second opinion . I will be brief. Dad passes away in 2013 and he had already gifted the house to myself my sister and my brother. My sister is divorced living in the house with her 2 children with dad 10 years prior to his death . My brother and I inform her (verbally) that we would like to sell the house in a few years but not now and you can stay here for a few years as long as you pay the taxes home owners insurance and water bill. which she does. A few years comes around and we want to sell it and she's upset but goes along and then sends us both a bill for 1/3 of 3 years of the taxes home owners and water bills. I have a young real estate attorney in my Neighborhood and he said he'd most likely (if he was representing me ) come up with a rent bill for her for 3 years of
    living in the house . Now he's young and I'm looking for a second opinion. He said its happened to him once already in his career and the rent bill ended up being 3 times the plaintiffs bill(which would be similar here) and the mediator just called it a a wash ? But once is not a big sample size. please comment
     
  2. army judge

    army judge Super Moderator

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    Your sister has no obligation to pay rent.
    The three of you agreed she could live rent free if she paid taxes and maintained the property.
    She kept her end of the deal.
    You and your brother have no obligation to pay her silly, apportioned tax bill, either.
    I would suggest all of you agree to disagree.
    Going to court over this idiocy will only highlight your familial churlishness.
     
  3. jsarniejr

    jsarniejr Law Topic Starter New Member

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    Agreed, I'm just trying to have a solid defense when and if the time comes.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Ask your attorney to explain "partition action" to you, or google it. Then ask your attorney to write your sister a letter explaining it to her along with the catastrophic financial consequences of a partition action. Hopefully that will convince her to go along with the sale. If not, you have no choice but to go to court to force the sale and put an end to your sister's free ride.

    Lesson for you: DO NOT leave real estate jointly to your children. This kind of stuff ALWAYS happens between siblings.
     

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