How to get a co-owner who isn’t contributing toward expensesoff of the title?

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How to get a co-owner who isn’t contributing toward expensesoff of the title?

I purchased a piece of land (50 acres of farm land) as a co-owner about 15 years ago. The land is rented out as farm land. I have paid all of the taxes and insurance, as well as the up keep for the last 12 years. But the co-owner still receives half of the rent money every year, without contributing anything to the property. What can I do to get this co-owner off of the title? The property was purchased for a total of $62,500 (each of us paying $31,250) in the last 12 years I have put over $20,000 into the property in taxes, insurance, and upkeep. The co-owner has made $33,840 in rent.

Asked on August 15, 2010 under Real Estate Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I would consult with an attorney in your area as to your options. You can not just remove their name from the deed.  The other owner has no incentive to do anything or pay anything in upkeep and maintenance of the land.  They have collected for 12 years without any output or work.  But you deserve to be paid back for paying out the funds expended on their behalf.  I would get all your documents in place and approach them about the funds owed.  This may open the door to your purchasing their half of the land from them. Could you subdivide the land in to two parcels?  If the answer is yes but they refuse you could ask the court to "partition" the land (split it in two) and create two separate pieces of property from the one.  Seek help.  Good luck.


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