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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 35372
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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My sister & I own a house out right I own 55% and she owns

Customer Question

My sister & I own a house out right I own 55% and she owns 45% she is canceling the house insurance nov. 16 she doesn't want to pay for anything on the inside..I live in the house and pay her rent can she cancel my home owner insurance just like that when I own 55% & she own, 45%. I am not moving due to the house is paid for, we split the taxes 55% and 45% I pay all the association dues....please help.....Kathleen Kralich
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Kathleen,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

If the homeowners insurance is only in her name, yes she can cancel it. If it is in both of your names, then call the carrier and tell them not to cancel the policy.

Under CA law, generally the person living in the home pays for their share of the expenses and in your case, 45% of the fair market rent to the other owner---but each owner pays for their share of homeowners insurance, taxes and maintenance expenses as well as her share of the association dues.

However, as co-owners you are free to agree to any kind of a shared expense agreement that you want to choose. But if you cannot decide, then either of you can sue the other and force the sale of the property, or force one owner to buy the other out.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

Expert:  LawTalk replied 1 year ago.

Kathleen, this seems like a very crucial matter for you, and your situation is sufficiently complex that I'd suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call. Let me know if you don't want a call and I can continue here with an answer.

Doug

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