Legal Question in Real Estate Law in Virginia

Back taxes in a partition suit

I am planning a partition suit to obtain a piece of property that has been in our family for a number of years. Because there have been many deaths and few wills the property is owned by a large number of individuals but I have managed to obtain approx. 70% to date. The remaining 30% will be decided in court. My goal is to own the property in it's entirety. I plan to sue for about 25 years worth of back taxes. Can I get interest on this money or will I only get the actual amount of taxes paid?


Asked on 6/06/00, 9:25 pm

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: Back taxes in a partition suit

You may not be able to recover any of the taxes, particularly if you have had the benefit of use of the property during that time. Do not try to do this without counsel - the provisions for service on the unidentified owners, the legal complications of the tax issue, and other issues will make this virtually impossible.

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Answered on 7/25/00, 4:12 am
Bruce Marshall Durrette, Irvin & Bradshaw, P.L.C.

Re: Back taxes in a partition suit

You have left out a lot of facts which will make it difficult to provide a precise answer. Generally speaking to the extent you paid to protect the property (assuming you were not concurrently getting 100% of the value of the property) you are entitled to contribution from the other owners in proportion to their ownership for those time periods they owned. Be forewarned it is not all that simple. Furthermore, to the extent you can prove you payment and thereby the indebtedness of others you can make a claim for prejudgment interest from the dates of the various payments. The court does not have to award it, but it can. One thing is for sure, if you don't ask for it, you will not get it.

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Answered on 7/26/00, 4:52 pm


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