Legal Question in Real Estate Law in Illinois

Of a house is split 3 ways & one family is living there r they responiable for all the property taxes


Asked on 3/14/17, 8:04 pm

1 Answer from Attorneys

Essentially you're right. If 3 people are on title (as tenants in common in particular) but NONE of them lives in the house, each one owes 1/3 of 'ownership' costs like taxes, HO insurance, etc. and each pays 1/3 of 'occupancy' costs (gas, electric, HVAC maintenance and repair, etc.). If a stranger rented the house, the 3 owners would still split the ownership costs but charge the stranger rent to cover those costs, and then make the tenant pay for the occupancy costs separately (gas bill, electric bill, service charges, etc.). BUT if anyone of the 3 title holders actually lives in the place, that person would and should be treated like a tenant (with the permission of the others), so the occupant-owner should 'make up for' the others' shares and cover them like paying rent. Furthermore, if this house was intended as an investment for the 3 owners and actual fair market rent is HIGHER than the ownership costs, then it is not unheard of for the occupant also to pay the non-occupant owners their fair share of the 'profit' that is being lost by having an owner occupy the place in what amounts to a 'sweetheart' deal. The 3 of you should see an attorney to draw up occupancy papers.

Read more
Answered on 3/15/17, 7:26 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois