If2 people are joint owners of a house/property, can1 be taken off the deed because of failure to pay his portion of expenses?

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If2 people are joint owners of a house/property, can1 be taken off the deed because of failure to pay his portion of expenses?

Specifically, failure to pay for property taxes, homeowners insurance, maintenance costs, etc.?

Asked on September 24, 2011 under Real Estate Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No. If there are two (2) joint owners of a parcel of real property, and if one (1) fails to pay his or her share of the property taxes, maintenance costs, homeowner's insurance and the like, that person's ownership in the property cannot be removed because of this.

What does happen is that the owner who is paying more than his or her fair share of the expenses for the property has an equitable lien upon it for reimbursement of such with accrued interest on the moneys expended from the date paid that the other owner is required to reimburse.

In such a situation, the paying owner could record a notice of lien on the property to prevent the sale of the other owner's interests in it without getting paid.

Good luck.


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