Legal Question in Real Estate Law in Pennsylvania
My brother, sister and I own a house in Florida but only my sister lives there as her full time residence. I reside there as a snow bird in the winter. My brother has not resided or lived there for over a decade. My sister covers all costs for upkeep and maintenance and I contribute to those costs in the winter and share in paying the taxes. Can we have my brother removed from the deed based on his "abandonment" of the property since he has not visited, resided, contributed to paying taxes or maintenance for such a long period?
1 Answer from Attorneys
The three of you are what is known as tenants-in-common. Tenants-in-common cannot "abandon" property, nor can their fellow tenants-in-common obtain title based on abandonment of an owner. You didn't mention whether or not you all have a speaking relationship with your brother. If you could reach an agreement to buy his interest, you could have him sign over his interest by a Deed. Since he was not using the property, he probably does not owe you anything for the costs and maintenance over the years.
If you cannot arrive at a satisfactory agreement, and he must agree and sign a Deed, you may have to go to court in what is called, in PA - and I do not practice law in FL - a "partition" action. The result may be a court-ordered sale with the net proceeds of the sale, if any, being divided among the three of you. This is the least favorable outcome, so trying to reach an agreement is the best course of action.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
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