Legal Question in Real Estate Law in Virginia
Real Property Coowner responsibility
If husband and wife are coowners of real property and repairs need to be made to the property, who should be responsible. The husband knew about the needed repairs but would no fix them, now damage has been done to the property. Could this be considered negligence?
2 Answers from Attorneys
Re: Real Property Coowner responsibility
Rather than attempting to apportion or fix blame and therefore liability for the current state of disrepair, at this stage of matters, the better approach is likely to be a 50-50 split of the current costs of repair between the co-owners (as well as an agreemnt[preferably in writing] as to how such repairs are to be dealt with in the future).
Re: Real Property Coowner responsibility
Absent some agreement or court order, it is likely that co-owners are equally liable. If one person is responsible for maintaining property and fails to properly do so, there is a legal theory of "waste" that might apply. More information is needed to address your questions.
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