When tenants in common occupy a property without the other tenant, can they require expense contributions from the party who left voluntarily? If so, can the out-of-possession co-tenant offset that liability by the value of the occupancy?
A recent New Jersey Superior Court case answered both questions with a “yes.” (Esteves v. Esteves, 341 N.J. Super. 197, 775 A.2d 163 (App. Div 2001).) The case involved an unfortunate battle between parents and a son, but the decision probably would have gone the same way whether or not the parties were related.
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