Legal Question in Real Estate Law in California
My two brothers and I co-own a piece of poperty (mortgage free). One brother lives on this property and not only refuses to pay the other two rent but also refuses to pay the property tax. Can we sue for 100% of the property tax or just his 1/3 of it?
Asked on 12/13/11, 8:24 pm
2 Answers from Attorneys
His 1/3. Joint ownership gives an undivided right of occupancy and possession to all owners. So he owes no rent, only 1/3 of expenses.
Answered on 12/13/11, 8:37 pm
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
You can't expect rent, but the co-owner in possession must share the expenses of ownership, including property taxes, with the other co-owners.
Answered on 12/13/11, 9:51 pm