If 3 people own a closed cafe building and 1 pays the land taxes but the other 2 refuse, can the 1 paying gain full ownership of the property?

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If 3 people own a closed cafe building and 1 pays the land taxes but the other 2 refuse, can the 1 paying gain full ownership of the property?

Asked on November 20, 2012 under Real Estate Law, Minnesota

Answers:

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

Answered 8 years ago | Contributor

I'm afraid that it doesn't work like thtat (unless there is a writing to that effect). You could however try to sue in small claims court for any amounts owed.

At this point, you could try and sue for a "partition" of the property. This is a legal remedy available to co-owners of property when they can't agree as to ownership matters. Partition allows for the division of property among co-owners; any co-owner can file. If a property can be physically divided the court will so instruct. However, if division would be impracticable (e.g. as in the case of a single family house) a court would order a sale in lieu of partition and an equitable division of the proceeds from the sale among the co-owners. However, before doing so, the court would permit one co-owner to purchase the interest of the remaining co-owner at fair market value.


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