When tenants in common occupy a property without the other tenant, they can require expense contributions from the party who left voluntarily and this out-of-possession co-tenant can offset such contributions by the value of the occupancy.

Esteves v. Esteves, 341 N.J. Super. 197 (App. Div 2001), 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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