a CA divorce that took place in 1975, in which four parcels of rental property were not disclosed,, and continue to be held in joint tenancy.. at the time,, an oral agreement was reached that the F spouse would collect 5/8 of the rent from said properties, whereas the M spouse would collect only3/8.. over the course of the last 37 years, the M spouse has paid all the maintenance, tax and insurance on all four properties.. the male spouse is now elderly and either wants to be free of the total burden of maintenance taxes and insurance he has been paying on the properties form which he collects no income.. or is willing to pay half of the expenses in return for an equal portion of all rents received.is there a specific legal document that can be drawn up to ensure that the F spouse be held solely accountable for all expenses incurred on properties for which she is the sole benefactor of any rents paid?? or cause the F spouse to turn over half of the monies collected in rent to the M spouse in return for him carrying half of the financial burden??
Country relating to Question: United States
State (if USA): California
reasoning with the F spouse..
Hello,Thank you for using JA..As part of the original agreement, did H agree to pay all the maintenance, taxes, and insurance?.If not, why has H done it for all this time without requesting any contribution from W?.Is H collecting 3/8 of the rent on all 4 properties, but the maintenance, taxes and insurance costs exceed the rent?.
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he has done it all these years because he is intimidated by her.. he is a meek gentle eccentric type of a man,, and just never had the chutzpah to stand up to her.in january of this year he suffered a near death experience,, and has since decided to simplify and downsize his responsibilities. he has been given a second chance at life,, and just wants to put an end to the usury.. maybe die with a little dignity??i am his long time friend,, and now caretaker.. i have power of atty and handle all his business for him.. i do however have no monetary interest in this matter.we have jointly informed the F spouse that the oral agreement is no longer in effect.. she refuses to comply with either an equitable separation of all rent monies,, (and consequently all costs incurred) or to assume full responsibility for the costs incurred on the properties for which she collects all the rent. nor will she agree to sell said properties in effort to allow the M spouse to downsize his holdings.in addition,, it has come to our attention,, that their joint tax preparer,(a personal friend of the F spouse) for the past thirty years has been crediting the M spouse with half of the income on all parcels!! thus he has been paying taxes on in excess of $60,000.00 a tear on income he did not rightly earn!! and the F spouse has been claiming only half of her real income, in addition to being able to write off the maintenance, taxes and insurance!!! i know he has been a fool.. so does he.. he seeks only to make it stop,, and it is apparent that a legal document of some kind is this only alternative at this point in time..willing to take his losses,, the M spouse just wants to draw up an agreement that is fare and in the best interest of both parties.. he seeks no retribution,, and has changed tax preparers needless to say..
Relist: Other. it is possible my expert is offline,, and i seek a response in a timely manner.
I apologize for the delay, but have been working with other customers. .In a situation like this, there is no type of form agreement that would allow him to now make her responsible for half the expenses of the property if she refuses to agree. He would have to file suit against her for her contribution to the property costs from the time that he negated the oral agreement forward..Since they are both equal owners, he can hold her equally liable for any expenses as well as having the right to seek half the income from the property..Further, if he wants to simply downsize, he doesn't need her permission to sell the property. He can simply contact a local real estate attorney and file a lawsuit for "partition". This is when a judge orders a property sold so that an owner can "cash out" their interest in it. It is an absolute right that can not be denied..So if she won't agree to modify the agreement in writing so that it is completely equal, he can tell her that he will file suit to force a sale and she will either have to buy the property from him or at the auction in order to keep it from being sold..BotXXXXX XXXXXne is that he is far from powerless in a situation like this..
13 yrs practice, Realtor, Landlord 24+ yrs
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