How are Joint Owners Liable to Pay Their Share of Taxes, Insurance, and Mortgage Payments?

Full question:

Is there a law of abandonment between two parties on the title when one party leaves without reason leaving the other party in hardship trying tp pay all mortgage, tax,& insurance?

• Category: Abandoned Property
• Date: 04/07/2025
• State: Wisconsin

Answer:

Jointly owned property may be assessed to one or more of the joint owners and any such assessed owner shall be liable for the whole tax. Joint owners are jointly and severally liable for the amount due. The responsibility for mortgage and insurance payments will be determined by the parties to the mortgage loan and insurance contract, as well as the contract between the joint owners as to the maintenance and upkeep of the property. Regardless of a private agreement as to payment of obligations between joint owners, the mortgage lender and insurer will only care about the names on the contracts when it comes to seeking their payments.

There is no law of abandonment in regard to nonpayment of upkeep expenses, but it is possible that one joint tenant might assert a claim against the nonpaying owner to recover the share of expenses paid on their behalf, under a breach of contract or unjust enrichment theory.

When income property is involved, the parties whose names is on the deed should have a partnership agreement written up stipulating:

- The percentage owned by each, which could be different than the percent down payment. Mom can put down 100% and then gifted you 50%. You can also write ownership percentages onto a deed, which I have done on one property.

- The percentage of income allocated to each, i.e if there is rental income.

- The percentage of deductions to be taken by each, which includes mortgage interest, water, sewer charges, property taxes and so forth.

- The allocation of sales proceeds when the property is sold.