What to do if I co-own real estate with a partner but they are not paying thier share of the property taxes which has forced me to pay the full amount?

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What to do if I co-own real estate with a partner but they are not paying thier share of the property taxes which has forced me to pay the full amount?

What kind of recourse do I have?

Asked on October 15, 2012 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You could sue your partner in small claims court for any amounts owed to you. However, assuming you obtain a judgement, this could all happen again. What you may want to consider is something a bit more drastic (and expensive) but effectvie. It's called a "partition".

This is a legal remedy available to co-owners of property when they cannot agree as to ownership matters (such as in your case); it allows for division of the property. Accordingly, if a property can be physically divided the court will so instruct; if division would be impracticable (e.g. in the instance of a single family house) a court would order a sale in lieu of partition and an equitable division of the proceeds among the co-owners. Before doing so however, the court would permit one co-owner to purchase the interest of the remaining co-owner at fair market value.

You do not indicate much about the property is in question. At this point you should consult with a local real estate attorney.


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