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Real propery contribution reinbursement right covering decades, joint tenancy

Discussion in 'Joint Ownership' started by S King, Oct 3, 2016.

  1. S King

    S King Law Topic Starter New Member

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    Jurisdiction:
    California
    Two siblings co-own a piece of real property in San Bernardino County, CA.

    The title is held as "joint tenants".

    They agree to sell the property.

    One sibling paid all expenses related to the property (taxes, assessments, insurance, utilities, etc) for 15 years, the other sibling refused to pay anything during that time.

    Then the sibling who was paying wanted to sell, the other did not, but did volunteer to assume paying all the expenses, which subsequently encompassed the next 10 years.

    Now both agree on selling, but the one recently paying the expenses demands 50% reimbursement of their expenses for the past 10 years through escrow as a condition of sale and has filed a Partition action claiming it was previously agreed.

    They have offered to reimburse 50% of the first sibling’s expenses contingent on tangible proof of expenditures (of course this covers 10 to 25 years ago).

    No prior discussion, let alone verbal or signed written agreement, had taken place previously as to the 50/50 sharing of any expenses by either party related to the property.

    Does the Statue of Frauds apply requiring a written and duly signed agreement since the time frame is greater than 1 year? Involves land contribution dispute for joint tenancy?

    Is there legal basis for time value of money adjustment (i.e. annual adjustment of costs based on published Federal inflation index) since expenditures were mutually exclusive over decade plus time frames?
     
  2. army judge

    army judge Super Moderator

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    Make this easy on yourselves.
    Work it out between yourselves.

    If you don't, you won't like the even MORE costly "partition" action that a judge will impose.
    Otherwise, the court will order your property sold at auction, lowest bidder gets it, and several hands will reach out to take from your beautiful pie.

    Please, don't waste time seeking a very expensive, time consuming, and frustrating SO CALLED legal solution.

    Keep the government out of your lives, please!
     
  3. S King

    S King Law Topic Starter New Member

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    There has been no 'working out' for the past year. My sister is demanding her way or court. I want to know if she has a case or if I can site something that might have a chance of changing her mind. I'm pretty sure she filed as a scare tactic using her sister-in-law attorney. I think it's a spite power play on her part. We had agreed on a listing price last year and I received two cash offers at that price. She refused to discuss them.
     
  4. army judge

    army judge Super Moderator

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    She has no magic bullet that i know about.
    The only magic bullet is if the matter can't be settled and you allow the court to partition your property.
    That'll hit both of you equally hard, and the financial impact will astound you.

    I suggest you let her rant, and stop listening to her rants.
    Put the home up for sale, make as much money as you can.
    If it goes to court, so what?
    Its not like it'll take money out of your bank account.
     

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