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What recourse do I have when property owned by multiple owners refuse to pay their share of property taxes?

1 Answers. Asked on Jun 28th, 2017 on Real Estate - California
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What recourse do I have when property owned by multiple owners refuse to pay their share of property taxes? I have payed all the property taxes for 10 years. Can I have their names removed from the deed for not paying their share of taxes?
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Answered on Jun 29th, 2017 at 10:17 AM

Your lawyer is going to need to ask you for a lot more facts. For example, who occupies the property? Do the occupants pay rent? Who collects the rent and pays other expenses, besides the property taxes you pay? How are the net profits shared? Is there any written agreement among the owners? Do you believe there were any oral agreements between you and any of the other owners? How did each of you acquire your ownership interest in the property?

In the event of a lawsuit, the winner is NOT entitled to recover reimbursement for nlegal fees as part of the judgment. Usually, these cases become complicated, with 10 years of facts, 10 years of ncome and expenses, and 10 years of grievances and complaints. Personal disputes not involving the property get added. Legal fees can soon exceed the amount actually in dispute.

The lawsuit would be for an accounting, which would end in a judgment evening up what everyone has received so far, and setting rules for how to manage the property in the future. Someone might add a demand for partition, requiring that the property be sold, the net proceeds distributed, and any accounting matters equalized from the proceeds of the sale. This also is expensive litigation, usually including appointment of a private referee paid for by the parties, and  expert witnesses. In the end, many potential buyers won't want to get involved, which will lower the sales price below what it would be without the lawsuit.

For all these reasons, lawyers usually can persuade the parties to do the right thing and avoid all the attorney fees.

Dana Sack

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Real estate attorneys can help individuals, families and small business with all property-related legal issues. Buyers and sellers of residential and commercial real estate should work with an attorney to negotiate the terms of agreement; draft and review the contract; review related paperwork (such as loan agreements); clear existing liens on a property; and attend the closing. Lawyers can also assist property owners with addressing zoning/rezoning issues and appealing property tax assessment. Landlords and tenants should work with real estate law firms to draft and review lease agreement, handle eviction proceedings and resolve landlord-tenant disputes.
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