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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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two people buy a house together. both are on the deed. both

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two people buy a house together. both are on the deed. both were to share expenses ie: mortgage, utilities, cable etc etc. one is paying almost all the expenses the other basically has a lot of excuses and isn't. is there recourse?
that is essentially the issue
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my reply.

I am sorry for your situation. What state is this in, please?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

new york

Friend,

Thank you. Apologies in advance for the momentary wait while I am typing out the answer...
Customer: replied 3 years ago.

ok thank you

My apologies for the wait.

The problem is that there is no rule that states that individuals have to take care of a property co-owned by someone else. So it is all up to the people involved to work it out between them.

Normally, back in the old days, when two parties could not decide on what to do with the property and were equal owners, they would go to court to partition the property (if this was land).

The name survives. One can file a PETITION TO PARTITION (or something similar, such as a declaratory judgment action) in the Supreme Court, and have the Court decide as to what is fair. The Judge may order what party has what duty to pay what (split 50/50), or, order the property to be sold and proceeds divided, or a party to be bought out over time. Whatever is equitable (fair).

However, the onus is on the party that wants to do this to file in Court and have this done, so it is a bit of work, I am afraid, and an attorney is best.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Customer: replied 3 years ago.


i should have added that only one person put the down payment on the house. the person who has invested no money is the one not willing to pay. not sure that makes a difference


 

Friend,

Thank you for your follow up. Unfortunately, this does not make a difference. Paying for the property does not automatically entitle the one who paid more to be reimbursed for their cost by the other party in the matter if maintenance for the property.

However, this WILL be taken into consideration by the Court in their subjective ruling.

Gentle Reminder: Please use the reply button to keep chatting, or rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating.
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