Legal Question in Real Estate Law in California

property tax

I have been paying the taxs on my husbands property he has with his ex wife that will not pay them. Can I put a tax lein on the property for what I paid?


Asked on 6/23/08, 11:10 am

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: property tax

No. But you can sue for reimbursement on a theory of unjust enrichment and when reduced to judgment, recording the judgment will result in a lien on the property.

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Answered on 6/23/08, 11:44 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: property tax

I agree with Mr. Roth that you cannot put a tax lien on property; only the taxing authorities can do that. I disagree with the idea of suing for unjust enrichment. That won't fly, because you've probably paid with community funds, and the taxes on property your husband co-owns are his responsibility as much as his ex-wife's. The recourse for eventual recovery of the tax payments is when the property is eventually sold, by partition or whatever; you and he would have a claim for reimbursement of yours and his excess contribution to the taxes.

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Answered on 6/24/08, 12:43 am


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