If I share a home/property with my siblings and they don’t pay the property taxes. Can I take the property from them?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I share a home/property with my siblings and they don’t pay the property taxes. Can I take the property from them?

My father left the house and property to my siblings and myself. My sister and brother live there but I do not. I have been paying the property taxes every year because they refuse to pay. Can I legally take possession of the house?

Asked on October 9, 2019 under Real Estate Law, Florida

Answers:

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

Answered 4 years ago | Contributor

No, property cannot be taken by a joint owner due to other owners' failure to pay property taxes. That having been said, you do have the leg remedy of "partiton". In such an action, a court will order that the property be divided, if possible. If not, as in the case of a single family house, then it will order what is known as a "sale in lieu of partition". Accordingly, the property will be put on the market and sold for fair market value. The proceeds will then be equitably distributed. However, before being offered to 3rd parties, any owner who wants to buy out the other owner(s) can do so.

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

Answered 4 years ago | Contributor

No, property cannot be taken by a joint owner due to other owners' failure to pay property taxes. That having been said, you do have the leg remedy of "partiton". In such an action, a court will order that the property be divided, if possible. If not, as in the case of a single family house, then it will order what is known as a "sale in lieu of partition". Accordingly, the property will be put on the market and sold for fair market value. The proceeds will then be equitably distributed. However, before being offered to 3rd parties, any owner who wants to buy out the other owner(s) can do so.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption