Legal Definitions - contributione facienda

Contributione facienda is a historical legal concept referring to a formal court order, or "writ." It was used to compel a co-owner of property, particularly a tenant in common, to contribute their fair share towards a common expense or liability that another co-owner had already paid in full or in excess of their own share. Essentially, it was a mechanism to ensure that all co-owners bore their proportional part of shared financial burdens related to the property.

Here are some examples illustrating how contributione facienda would have applied:

• Property Taxes on Co-owned Land: Imagine two siblings, Anna and Ben, who inherited a plot of undeveloped land as tenants in common. The annual property taxes become due. Anna, wanting to avoid penalties, pays the entire tax bill herself, expecting Ben to reimburse her for his half. However, Ben refuses to contribute his share.

  In a historical context, Anna could have sought a contributione faciendawrit to legally compel Ben to contribute his portion of the property taxes, as this was a shared and necessary liability for their co-owned property.

• Major Repairs to a Shared Building: Consider two business partners, Carla and David, who jointly own a commercial building as tenants in common. The building's roof suffers severe damage in a storm, requiring an expensive emergency repair. Carla arranges and pays for the full repair cost to prevent further damage and ensure the building remains usable for tenants. David, citing unexpected financial difficulties, declines to contribute his half of the repair expenses.

  Historically, Carla could have used a contributione facienda writ to force David to pay his proportional share of the necessary roof repair, which was a common expense for their jointly owned asset.

• Upkeep of a Shared Boundary Wall: Suppose Ms. Evans and Mr. Foster own adjacent properties, sharing a common boundary wall that requires significant structural reinforcement to prevent it from collapsing. They are both equally responsible for its upkeep. Ms. Evans pays for the entire repair work to ensure safety and protect both properties. Mr. Foster then refuses to contribute his agreed-upon half of the cost.

  In the past, Ms. Evans could have petitioned the court for a contributione facienda writ to legally compel Mr. Foster to fulfill his obligation and contribute his share towards the shared liability of maintaining the boundary wall.