Real Estate Law
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Hello, and thanks for submitting this question. The "legal document" that you refer to would have to be a written agreement, i.e. a contract that says who is to be responsible for payment for major repairs. A contractor can file a mechanics lien for repairs that are not paid for, even though they were ordered by only one joint owner. This will require the services of a local attorney to prepare.
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If work was ordered by the tenant in common and the contractor was not paid and a mechanics lien was filed, would the two joint tenants be liable for payment, along with the tenant in common?
I assume the lien would run with the title, so would payment plus interest be deducted from the tenant in common's share of the sale price if and when the property was sold ?
Thank you for your reply. If I understand it correctly, upon the sale of the property, the lien would be satisfied out of the tenant in common's (who ordered the work) one third share.
Any contract would have to be signed by all parties, both joint tenants and the tenant in common...correct?
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