QUESTION
Is my brother still financially responsible for half the condo monthly fee and property taxes even though he doesn't live here?
Asked on Sep 02nd, 2013 on Estate Planning - Missouri
More details to this question:
My brother and I inherited a condo that's paid off. I've been living here for 8 years.
9 ANSWERS
2 Awards
Not if you have been living there. Legally you would be tenants in common and there is no contribution required from your brother.
Answered on Sep 10th, 2013 at 1:59 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Maybe, but remember brother could charge you rent for his half interest in the property.
Answered on Sep 10th, 2013 at 1:58 PM
Thomas Edward Gates
I assume he owns half the condo? If so he would be responsible for the property tax, condo dues, insurance, and maintenance. However, since you live there you should be paying rent. The rent amount should be enough to cover the identified expenses. Your brother should realize no payment.
Answered on Sep 10th, 2013 at 1:58 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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A fairly complex question of real property law. As a general principle, if you are living in the property (and not paying your brother rent) then you should pay the ongoing expenses like condo fees, taxes, insurance and maintenance. If you think about it, too, it's only fair.
Answered on Sep 10th, 2013 at 1:58 PM
3 Awards
You should have an agreement about who pays what,. Are you paying him rent? If not then you probably should pay all taxes, assessment, insurance and fees. If you are paying him ? market rent then you probably should split the other costs too.
Answered on Sep 10th, 2013 at 1:58 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, but you are responsible to pay him one-half of the reasonable rent for the place.
Answered on Sep 10th, 2013 at 1:58 PM
Sanford M. Martin
Yes, your brother, as joint owner, is responsible for taxes, HOA fees, and other costs, unless he has an agreement with you that alters that responsibility. Both of you can be sued and the property foreclosed if such costs are not paid. He may believe that since he doesn't live there, you should pay all such costs.
Answered on Sep 10th, 2013 at 1:58 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Technically, he probably is. On the other hand, since you are living there, your agreement could be that you pay the expenses because you actually get the benefit of the fee.
Answered on Sep 10th, 2013 at 1:58 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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From a purely legal standpoint, your brother, as half owner, should pay half the condo fee. Commons sense tells you that if you are the one living there then you are the one benefiting from whatever services the condo fees cover and you should just pay the fee. I guess, when you sell the condo you could ask your brother to re-imburse you for his half of all the condo fees you paid over the years.
Answered on Sep 10th, 2013 at 1:57 PM