tenants in common not happy

[Bubbafish]

california

My sister and I were gifted my parents home as tenants in common.
Our parents still live there and have a right of occupancy.
Dad has serious health problems and I have been his caregiver for 5 years. I took on this project thinking the family would help out at some point. I was wrong. The house was gifted in 2004. Since that time my sister has not contributed at all financially with any of the expenses, taxes, etc involved in taking care of a 2 acre property nor her parents. Its impossible to care for dad and do any substancial work yet Ive carried the burden of paying her half of the expenses till now.
she tells me she wants to help but has no money. She refuses to take out an equity loan on her half of the property either. she has a full time job that pays very well. She recently bought a new home.

What if anything can be done to rectify what I see as a very unfair and unsustainable arrangement?What is the name of your state (only U.S. law)?

 

[E.Rodriguez]

Have your sick dad sell the house to you? Or at least leave the whole house to you when he goes...



Does your sister even live there now that she bought her own home? Doesnt that kind of make you the main only tenant in the house?


So your problem is, she dont live in the house. she doesnt pay for the house she doesnt live in, and she wont help care for your sick dad? Does that sum it up?

 

[Bubbafish]

The house is owned by my my sister and myself as tenants in common.
It was gifted to us as part of a plan to qualify my parents for mediCal.
The thought was for my parents not to the details of the gifting unfortunately

Sister doesnt live in the house. She owns 50%.
Dad has the right of occupancy during his lifetime. I cant sell it. I cant walk away from it either.
She wont help care for dad so I am doing it full time as I have for 5 years.
She has not contributed a cent towards her half of the expenses, taxes, insurance etc for the property.
Thats the problem in a nutshell. what to do?

 

[Seanscott]

I would threaten to sue her for half of the taxes, insurance, etc. You should be able to prove your expenses.

 

[ecmst12]

You can offer to buy out her half.

The parent's no longer own the home so of COURSE they can't sell it to either sister.

 

[Mass_Shyster]

The house is owned by my my sister and myself as tenants in common.
It was gifted to us as part of a plan to qualify my parents for mediCal.
The thought was for my parents not to the details of the gifting unfortunately

Sister doesnt live in the house. She owns 50%.
Dad has the right of occupancy during his lifetime. I cant sell it. I cant walk away from it either.
She wont help care for dad so I am doing it full time as I have for 5 years.
She has not contributed a cent towards her half of the expenses, taxes, insurance etc for the property.
Thats the problem in a nutshell. what to do?

There can be different answers to this question depending on the exact wording of the paperwork.

For example: If Dad has a life estate, and you and Sis have a future interest, Dad is responsible for carrying costs during his lifetime. In that case, you can't sue Sis for her half, as she has (and you have) no present liability.

You probably need an attorney to sort through it all.

 

[ecmst12]

Do YOU live in the house?

Did your sister ever AGREE to pay half the expenses? In writing?