Legal Question in Real Estate Law in New Jersey

I have joint ownership of my family home with my 2 sisters are the death of my father. I do not live at the house but they both do with their spouses. They are asking me to pay my portion of the property taxes. Since I do not live there and Ithey don't want to sell the house for 2 years. Can I charge them rent for my portion of the taxes? Also, could they buy me out and how would I go about it?

Asked on 3/30/13, 3:04 pm

3 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

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They should be required to compensate you for living in your "portion" of the house, which may offset your portion of the taxes. And they cannot require you to wait 2 years to sell the house. There is a Court action called "partition" in which you could attempt to have them buy out your interest or sell the house immediately.

Keep in mind that this answer is given based on the scanty information you have provided. My answer may change based on other information. Further, you cannot rely on this answer since you have not retained me as your attorney. To be sure that you have accurate information and direction, you should consult with an attorney. Good luck. Rob Gleaner

Answered on 3/30/13, 3:17 pm

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Walter LeVine Walter D. LeVine, Esq.

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I agree with Bob. Those residing have some obligation to the non-resident owner. How much is to be determined. An action for partition can resolve this, by either compelling an immediate sale or buy-out. In this proceeding, a fair "rental" could be established, as well as your contribution to the costs (taxes, insurance, repairs, etc.). Partition could be time consuming and costly. I suggest trying to have this mediated..

Answered on 3/31/13, 2:13 pm

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