Three siblings are Tenants in Common for a townhome that's sitting empty in Florida, they live in PA. Only the one brother is paying all the taxes and HOA fees so the townhome is not lost. The other two siblings refuse to pay a dime, and the townhome is currently on the market for sale. They finally agreed to do that much, agree to sale. The real estate agent said they can't deduct any monies owned from the two not paying, they will get their fair share, but to ask for them to pay upon sale, what is owed for back taxes etc. We know they will not keep their word, and we will never see those checks. Is there a way to have them removed for lack of paying their share of costs - we heard something this can be done but can be very expensive. Do you know if an attorney can take that fee from the sale of the townhome from the sole owner, if others can be removed, since the brother doesn't have a lot of money if it's as expensive as we are being told? Thanks for your help.
1 Answer from Attorneys
The expenses paid by one can be allocated at closing with the agreement of the others. If the agreement cannot be obtained an appropriate partition action and accounting can be filed. This action however is in opposition to an appropriately signed real estate listing agreement. An attorney is needed. The non payment siblings cannot be removed from title.