QUESTION
With a T.I.C. ownership, can I sue for 4-1/2 years unpaid rent by the other party, even if her name is on the deed?
Asked on Feb 20th, 2012 on Real Estate - Pennsylvania
More details to this question:
The home I bought was put in T.I.C. solely for purposes of inheritance upon my death. The agreement was to pay rent since I bought the home so my daughter could establish a business in the garage at the rear. She does not live in the home. Since 1999, she paid the agreed rent, and has not paid since 2007. I was told a lawsuit for unpaid rent cannot be filed since she is part-owner of the property, nor can I evict her for nonpayment. If she sues me for her half in a partition lawsuit, since I paid the mortgage, improvements, taxes, insurance and maintenance all these years, will the courts consider my 100% equity and not award her 50% when she paid nothing, not even rent?
1 ANSWER
Harper Dimmerman
A partition action should be commenced but naturally recouping rents from a co-owner could prove difficult. You are assuredly better off seeking credits for your disproportionate contributions. You need to consider buying out the co-owner's interest and cutting a deal. Litigation could become unduly protracted, the equity, assuming any exists, being quickly eroded.
Answered on Feb 20th, 2012 at 3:24 PM