Musta joint tenant pay real estate taxes, etc in order to jeep their interest in the property?

UPDATED: Sep 6, 2011

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Musta joint tenant pay real estate taxes, etc in order to jeep their interest in the property?

My ex-partner and I (non-married) own a home together as joint tenants. I moved out and she still lives there. If I don’t provide her any money towards the school/property taxes and she pays them completely herself, are there any consequences for me? Specifically, could I lose my 1/2 of the house by not putting any money towards the taxes?

Asked on September 6, 2011 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are on title to a pice of real property owned by you and another person as joint tenants, under the law of all states there is an implied agreement between you and the other owner that each will pay their equal share for the property's upkeep, maintenance, taxes and the like.

If you are not paying the amount you are obligated regarding the property and the other owner is paying your share, that person has an equitable lien for the amounts paid upon the property that you owe with accrued interst at the legal rate.

In the end the other owner could end up purchasing your interest in the unit by way of a partition action or could file suit against you for unpaid moneys, obtain a judgment and have your share in the property sold to satisfy any judgment against ypu.

Good question.


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