Legal Question in Real Estate Law in New York
Dual Ownership Of A House
Hello,
My father and his brother were left their parents house over 33 years ago. My family has lived in the house for 33 years, payed the taxes, mortage, upkeep, ect for over 33 years without my uncle putting a penny into it. Now, my uncle is sick, his daughter has power of attorney and stated my parents have to sell the house and that they are entitled to 50% of the house. Is this true? How can they be entitled to a house that they never put a dime into or cared about up until now? She said that my unlce is going to have to go on Medicare and that they are listing the house for his assets. If they are entitled to something is it really 50%? My uncle has a house and a car in Florida but they are not going to be selling that? To me wouldn't they put his house and sell his car first before going wanting to sell my parents house? Can you help me out with some answers to these questions?
Thank you for your time.
1 Answer from Attorneys
Re: Dual Ownership Of A House
Maybe, maybe not. Your uncle owned 50% of the house by inheritance. However, your occupancy covered all operating expenses, for which he had a 50% responsibility. However, since you were not the owner-occupier, you could be charged for rent. The issue is the rental value to the total of expenses you paid. In a rental, major repairs are the responsibility of the owners (your father and uncle equally). This requires an analysis of all costs paid to a fair rental value. I would recommend you make a claim for contribution against your uncle for not having contributed all these years. His defense will be that you owe rent. He is only entitled to 50% of any rent, so you should have greater expenses than his rent offset. Your uncle is entitled to "partition", the right to have his 50% sold or purchased by you, not to have the house sold under you. His 50% of value of the house would be offset by his failure to contribute to the costs of operation. I suggest retaining an attorney and negotiating a payoff. Over 33 years, it might be minimal or even zero depending upon the value of the hosue.