Legal Question in Real Estate Law in New York
I own a house as joint tenants with my now ex-partner (NY state). My ex partner and I broke up; she claimed she wanted to buy the house so I moved out and am renting another home.
She continued to live in the house on her own for 10 months. I contacted her numerous times via different channels to get her to either buy me out or put the house for sale. She did not respond to any of my communications. During those 10 months, 2 tax bills came due. I refused to pay 1/2 of them as she was living in the house.
I finally filed a civil lawsuit to request a partition action (have judge force sale of the house). My ex then reached out and advised that she is ready to sell the house to the public (and moved out a few weeks later, but that was not related to the lawsuit - she found another job). I advised her that I would pay my 1/2 of the back taxes out of the proceeds of the house.
She is now insisting that I pay these back taxes BEFORE she will sign any real estate contract.
Is it my legal obligation to her to pay for these taxes before a real estate contract can be signed? I don't believe that there is any contractual obligation between her and I to reimburse for taxes - the contract is merely between the 2 of us and the State/County, correct?
1 Answer from Attorneys
There is no obligation to pay taxes before the contract is signed. She's probably angling to have you pay the taxes, whereupon she will re-occupy the home. I would file and prosecute the partition action. If you are in exclusive possession, then for that period you should pay 100% of the taxes, and 50% at other times.
There is personal liability for real estate taxes, and a lien to prevent purchasers from ducking the taxes, but there's no reason why you can't sell the property subject to the unpaid taxes.
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