Legal Question in Real Estate Law in New York

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.