Are Siblings Who Refuse to Quit Claim on a Property Responsible for the Maintenance of Said Property?

Share the Knowledge!

‘Are siblings who refuse to quit claim or sign over their percentage of a home responsible for the maintenance of the property, specifically regarding major repairs that are needed like a roof replacement, property taxes, lawn maintenance, sunken floors, etc.? Thank you in advance for your response.’

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

That’s a pretty general question, and the answer is generally yes, but it depends. Are the non-paying siblings using the property? Are the other siblings using the property? Is it being rented to a third party? There are a number of facts that could change the answer.

Also, while these co-owners might in theory be responsible for the repair costs, as a practical matter you may not be able to force them to write a check to pay for it. You may only have the right to sue them if they don’t, or worse to take the cost out of their share of the property when it is sold. Important details like this will depend on your local laws, so I would suggest a brief consultation with a local attorney before you start spending large sums of money.

Share the Knowledge!

Author: House Attorney

A house attorney has answered this question.