Legal Question in Real Estate Law in California
Nonpayment of taxes or land use fees
I share ownership with 4 siblings of land in a ''resort''. One brother receives the tax bills, and he is paying them, but without billing me for my share. Another brother receives the land use fee bills from the real estate co. handling the property, and he is not paying the bills. What are the legal ramifications of land use fees not being paid? Also, since I'm technically not ''paying my share'' of either bills, what right/ability, if any, would my brother(s) have to force the forfeiture of my share? I am currently not on speaking terms with them.
1 Answer from Attorneys
Re: Nonpayment of taxes or land use fees
As a general rule, when co-owners of property cannot agree on its management and use, any of the co-owners can file a special kind of lawsuit called a partition action, which asks the court to divide the property fairly.
Traditionally, land was partitioned by subdivision. This is frequently impractical, so courts nowadays usually order the property sold and the money divided.
The money division is based primarily on percentage of ownership, but is usually adjusted to reflect the former co-owners' contributions, debts, liabilities and claims with respect to the property.
As with all lawsuits, partition actions are slow and expensive, and it is better to settle by negotiation. Sometimes, however, the mere filing of the suit prompts settlement.
See a real estate lawyer in the county where the property is located for further advice and details on partition actions or for assistance in finding an effective mediator.
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