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Joint Tenants / Tenants in Common

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PostPosted: Tue Jul 22, 2008 6:51 pm    Post subject: Joint Tenants / Tenants in Common

My parents and aunt were joint tenants on property that has two houses on the same lot. My aunt quit claimed the deed to her niece for $1 and reserved the right for a life time estate. In the original deed my parents where to pay the property taxes until death of the 3 joint tenants or sale of the property. Now that the original agreement is broken who is responsible for the property taxes? Their are two joint tenants and one tenant in common I would think the original agreement to pay the taxes is now Void. Property is in Rhode Island.
 
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Icon Mini Profile Niicss
Niicss


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Location: New Jersey


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PostPosted: Wed Jul 23, 2008 12:24 am    Post subject:

Welcome Guest.

When your aunt quitclaimed the property, did she taken consent from your parents? Did your parents also sign the deed? Was the deed notarized and recorded in the county recorder's office? I feel you should first check whether the quitclaim deed is valid at all.

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Icon Mini Profile jheard
jheard
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PostPosted: Wed Jul 23, 2008 12:48 pm    Post subject:

I would say that the quitclaim deed operated as a sale. Now they are all tenants in common. The property taxes should then be prorated among the tenants in common. How? I don't know. Maybe proportion of the appraised value of the improvements, or maybe 50/50.
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This is not legal advice and I am not your lawyer. The information provided in this forum is for discussion purposes only, and is no substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation.
 
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