Joint Tenancy and property taxes

[Nail]

What is the name of your state (only U.S. law)? NY. I own a piece of property with a couple of other partners. The deed is a “Joint tenancy with rights of survivorship”. The other partners are not contributing towards property taxes. Can I make them pay?

 

[adjusterjack]

What is the name of your state (only U.S. law)? NY. I own a piece of property with a couple of other partners. The deed is a “Joint tenancy with rights of survivorship”. The other partners are not contributing towards property taxes. Can I make them pay?

Probably not without a lawsuit of some kind.

How did you allow yourself to be elected patsy?

What kind of property?

What benefits are they getting that you might be able to withhold as an offset?

 

[Nail]

Thank you. It's a piece of hilltop property mainly used as a hunting camp. The other members no longer use it and and therefore do not want to pay for it any longer. I was told because of the type of deed, there really nothing I can do to get them to help with taxes... That it is different from a "Tenants in common" deed. Is this true?

 

[justalayman]

No. As far as taxes are concerned the TIC or JT makes no difference.

If you are the only one that uses the property why would you be adverse to paying the taxes on the property? After all, it appears you are currently the sole beneficiary of the property.


Of course you could simply quit paying taxes and let the state do whatever they do with tax delinquent properties. Have you offered to purchase the property from them?

 

[Nail]

Thank you. I thought about allowing foreclosure, but have decided against it for the time being. Mainly because of the effect it would have on my credit. They will not sell their shares for a fair price, and would rather foreclose. We are all getting very old or sick and because of the survivorship rights, I think it has become a contest.

 

[justalayman]

last one breathing wins

Unless somebody breaks the joint tenancy before that. Then the heirs of the first two deceased inherits the argument.

 

[latigo]

What is the name of your state (only U.S. law)? NY. I own a piece of property with a couple of other partners. The deed is a “Joint tenancy with rights of survivorship”. The other partners are not contributing towards property taxes. Can I make them pay?

Whether the acquisition of the owned land created a JTROS or a bare estate in cotenancy, the owners are responsible for those taxes in proportion to their ownership.

Can you make them pay? Yes.

But first you would need to pay the taxes and then seek a personal money judgment against each for their required proportional contribution.

OR you could let the taxing authority eventually foreclose its tax lien and purchase the property at the sale.

OR you could levy execution on your judgments against the individual's property rights in the land.

Or you could come to your senses and never repeat such foolishness.

 

[Zigner]

They will not sell their shares for a fair price...

I suspect that's a matter of perspective.