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Ratings. Guidance. The Right Lawyer.
CA real estate law, joint ownership in codo unit
San Diego, CA
Viewed 312 times.
Posted about 1 year ago in Real Estate
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Joint ownership in Condo:
My mom and dad bought a condo for cash after they divorced. It was the money raised from the sale of the house they lived together. They are co-signers on the Condo so if my dad passes the condo goes to my mom and vice versa. My mom has been living in the condo for about 18 years. My dad has not paid any Property Tax, Upkeep, or HOA fees in all this time. Can my mom collect from him?
Additional information
The Condo is in San Diego and I believe the contract is Joint Tenancy. Answers (1)
David Carl Beyersdorf
This attorney is licensed in California and 1 other state.
Posted about 1 year ago.
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In this situation, your mother arguably is entitled to reimbursement of 50% of all of the costs of upkeep, taxes, HOA Fees, etc. BUT, your father, as co-owner, arguably has a claim for 50% of the reasonable rental value of the property. That is, your mother is using the place when they could be renting it out to someone and splitting the proceeds. Since dad loses this opportunity due to mom's current use, he is arguably entitled to what he reasonably could expect to collect if mom wasn't using the place. If the reasonable rental value is greater than the $$ your mother has paid, then your mother may find that it is cheaper to remain mum on this subject.
David C. Beyersdorf |
