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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37797
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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two sisters own property in bklyn sister lives there

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two sisters own property in bklyn sister lives there and pays all taxes, insurance and maintainence.the other sister refuses to contribute and claims has no money.can this be called abandonment of property on her half.if sister who pays wants to sell and other sister agrees can sister selling sue for back payment of taxes etc. that she did not pay and deduct from her half
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
If both sisters are the owners of the property, then they both have an equal obligation to pay for any necessary repairs, taxes, and insurance required to maintain the property.
If one sister decides that she wants to sell the property and the other doesn't, then the selling sister can file a "partition" lawsuit and a judge will order the property sold. The order is usually for a listing period of a few months and then a public auction if it doesn't sell for market appraised value.
As part of this partition suit, the sister who has unilaterally paid for all these costs could sue the other sister under the doctrine of "in quantum meruit" which means "as much as he is entitled to" for her share of the costs. However, the sister who has paid them could only sue for the past 6 years costs as that is the statute of limitations on debts like this.
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