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  1. #1
    Join Date
    May 2012
    Posts
    4

    Default Reimbursement for Caring for Property As a Cotenant

    My question involves real estate located in the State of: NewJersey I may be on my way to court for partition and forced sale. I own most of the property because I bought out tw siblings but one sibling has refused to cooperate to sell. I want to sell. I also aske dif she would except partition to at least sell part of the property and she could take her inerest in that part. I have been here a year paying all taxes, ins, and nececesry up keep. Taxes are high and the clean up after storms last year cost alot. Immediately after the death of the life estate I contacted my sister with the cost of running the place till we can sell. I have a home else ware but did not want to leave this one empty. It needed alot of cleaning out and such anyway. She now wants to say I am living here so I have to pay those bills. Her lawyer husband stated that htese expenses inure directly to my benefit. I responded to them that that is silly since My paying prevents the house from being lost to a tax lien sale and that is her benefit also. Additionally, the city cited the house and property for non compliance and needed the trees and brush removed or a lien would have been placed if they came and did the work.

    Question, What statis can I claim to the court when i file for reimbursement, for yes I am living here but only to care for the property and not leave it empty. I have a place in new york I have to keep my taxes and bills paid and up keep. It is really a bind to be forced to leave the place unattended. The vandals are bad here with empty homes.

    If they don't cooperate to sell I will be filing in court soon. Its been a year.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,671

    Default Re: Reimbursement for Caring for Property As a Cotenant

    If you're in exclusive possession, living in the home, it's reasonable for you to pay the associated expenses.

    You have a place in New York - why don't you need to "care for the property and not leave it empty" in relation to that property?

    So far I'm not seeing a compelling argument for you to recoup the day-to-day expenses associated with the house you live in. Perhaps when you consult a lawyer about your partition and sale lawsuit you can discuss whether you have a viable claim for reimbursement based upon the full details of your situation.

  3. #3
    Join Date
    May 2012
    Posts
    4

    Default Re: Reimbursement for Caring for Property As a Cotenant

    thankyou for the response,

    I have someone to care for my place in new york. This place required so much work to clean out after my mother passed and the place was cited from the city for tree and waste removal. In this area they are stealing the copper pipes and electrical and vandalizing empty homes. I don't have that problem in new york. It just made sense for me to be here. I really did not know it would be so long. My sister has no justification to with hold approval to sell. Thats my point. I can't sell with out her but these taxes and insurance have to be paid whether I stay here or not. Then the distance to travel back and forth to handle selling the place would be crazy. I am 350 miles north of here. If I did not pay for it we would loose it. So if I leave and it sits empty but I pay the taxes, ins etc would then I have a just position to request reimbursement until it sells? Given her lack of cooperation it appears this will take sometime.

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