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Rhiannon10

Junior Member
What is the name of your state (only U.S. law)? California
I will try to write this as brief and to the point as I can.. in 1984 my husband was offered to purchase this property that we had rented for one year. He did not get anything in writing (which was stupid, I know) but this was the deal, the owner wanted $10,000 and payments made on the first mortgage and the second mortgage that the owner took out on the property to purchase a grocery store in Arkansas. My husband paid the $10,000, paid off the second mortgage, to the bank, and just now finished paying off the first mortgage, which this money went to the inheritors of the property that the owner was buying from. He also paid the property taxes except for the last 10 years in which the owner did pay them recently. My husband has the money to reimburse him, but that is beside the point. Okay now, this man has filed papers evicting my husband and he is stating that we were only renting. Well it is going to lawyers right now and it will be settled soon. This is my question, if we were supposedly renting all this time, wouldn't the owner have had to claim any of this money paid on his income taxes as income or capitol gains? And if he did not, what then? Please need answer as soon as possible.
 


MIRAKALES

Senior Member
...in 1984 my husband was offered to purchase this property that we had rented for one year.... My husband paid the $10,000, paid off the second mortgage, to the bank, and just now finished paying off the first mortgage.... He also paid the property taxes except for the last 10 years in which the owner did pay them recently.... Okay now, this man has filed papers evicting my husband and he is stating that we were only renting.

This is my question, if we were supposedly renting all this time, wouldn't the owner have had to claim any of this money paid on his income taxes as income or capitol gains? And if he did not, what then? Please need answer as soon as possible.
THIS IS A INCOME TAX MATTER related to capital gains. This is definitely not a rental issue or a landlord tenant matter.
By the way, the statute of limitation in California is four (4) years for a written contract and two (2) years for an oral contract.
Most states require all real estate transactions to be in writing.
 

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