Legal Question in Real Estate Law in California

Property Tax and Insurance

I found out that the house may I live in may be foreclosed due to the fact that I lost my job and do not have sufficient income.

My companion is telling me that he cannot help me in anway. I found out that he has had me paying property tax and insurance on ''his'' property and he has been getting the tax write offs for the past ten years.

Isn't this illegal? I don't own the property, but should not the tax write offs me available to me as I have been paying the property tax and insurance and not the owner? If not the tax write offs, don't I have some legal rights as a tenant?

He used me to pay his property tax and insurance. I have been with this man for almost twenty-four years of my life.


Asked on 11/13/08, 3:50 pm

3 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Property Tax and Insurance

I'm sorry to hear about your situation. Unfortunately, I don't think he has done anything illegal. Your paying the property taxes and insurance is probably going to be viewed as simply your contribution in return for living there (similar to rent). Yes, you may have some rights as a tenant, but they terminate when the property forecloses. There is a statute which requires the lender who forecloses to give any tenants 60 days notice, but it doesn't apply to the borrower or his/her family. You may fit that definition, and they may evict both of you on 30 days notice after the foreclosure. You may have some rights as domestic partners - you would need to speak with a family law attorney familiar with such matters. As essentially a tenant, however, you don't have any rights to take the writeoff, nor do you have many rights after the foreclosure. I'd suggest that the place to start is a family law attorney familiar with these kinds of issues.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/13/08, 5:48 pm
Terry A. Nelson Nelson & Lawless

Re: Property Tax and Insurance

If you were married, you'd have enforceable rights and interest in the property, not problems. Because of your choices, instead you get to sue if you want to try to claim any rights in the property.

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Answered on 11/13/08, 6:49 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Property Tax and Insurance

I'd concur in Mr. Gibbs' answer, and add by way of clarification that the foreclosure cannot have anything to do with your job loss or income. A lender can only foreclose because the borrower has defaulted - and I assume you are not the borrower anyway.

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Answered on 11/13/08, 11:47 pm


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