I am currently going through the process of selling a run down property, which has 3 names on the title. This has been dragging on for over a year, up until now I have paid all the bills while through lawyers trying to get the other 2 paties to pay for their share. They still refuse to pay any bills, and if bills are not paid we will be required to pay interest. Do they have the right not to pay? I should also point out the title owners have past and it has been past down to their adult children.

Sure they have the right not to pay. And if that is what they choose then you have the right to sue them for their share of the bills that you have paid on their behalf. However that will mean legal fees for everyone, so another option you can propose is to have their share of the bills deducted from their share of the proceeds they receive when the property is sold.

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Originally Posted by frustraited

I should also point out the title owners have past and it has been past down to their adult children.

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Is the property being sold as part of winding up an estate? Are you the executor? Has the property been re-registered in the heirs names or is it still in the deceased name?

Lisa is 100% correct, but if the estate hasn't completed probate and you are the executor, then there is no problem in your deducting legitimate expenses that you laid out from the proceeds of the sale before distributing the heir's share.

However, if the estate has already been wound up and you are one of the heirs trying to sell the property, then you have three options. Sue them for their share, enter into an agreement to reimburse you from the sales or deduct what you laid out from the sale proceeds and let them sue you.