helenkeller11
Junior Member
Yes, LdiJ, you are correct in most of what you say. One big thing, however - on the deed we are listed as 'tenants in common.' This means either she, I or the both of us can live in the house 'for free.' She chose not to. So, due to the wording of the deed, I do not owe her any fair market rent for living in a place I own. This changes the equation you put forward in a big way. All she is due are half the rents, if that.
As you say, she does, definitely owe half of all the property taxes for 26 years, as well as the upkeep and improvements. True, I have not paid some (not all) of the taxes since 2009. (As I said, hard times. And, my big mistake was thinking that the taxes would come due in order of due date, not all at once. My big bad!)) So. in my eyes, the very least she can do is pay that. I'm not even asking her for 1/2 of all the 26 years. She ought to be more than grateful for that. That option will be open to me even if I lose the house. It will pretty much be open and shut. I have kept all the receipts, tax forms, etc. from all those years.
As for the rental income, perhaps. I have gotten varying opinions on this. If a person has an investment, it is up to them to keep track of it. She hasn't been doing that. Her name does not appear on any of the leases. She did not make agreements with any of the tenants in this respect. I was the one who rented. Some lawyers have said these were agreements with which she had nothing to do with, so no benefits for her. Others have said what you said. Anyway, not a problem, should she choose to ask for half the rents, then she will also be responsible for paying the back taxes on that income. On the advice of my accountant, for all these years, I have been claiming only half the rental income. This is something that will be up to her. Let me just say, the rental was not a huge money maker, and with deductions, I'm not sure she would even come out ahead, she may end up owing in that regard also.
As I said, there is someone who is willing to float me the money. However, I would really like for her to step up to her responsibility. Seems like I can't get any ideas as to how to make this happen. I'm seeing that most likely, I cannot.
On top of being uninvolved, I feel she is now being extremely greedy. That is why I'm wondering about the issue of extortion. I would like to divert her from this ugly course of action. Perhaps, I will have to resort to 'negotiating' with her in terms of her share of the 26 years of back taxes. I just hate being forced into doing something so distasteful. As I said, she left no forwarding address, and it was not easy finding her now. I bring this up because, in essence, she abandoned her duties as co-executrix and co-owner of the house. It was a lot to put on me at a time when I was grieving mightily. She really left me no choice but to live here, take care of business and take care of the house. And, yes, over the years I have come to be comfortable with the responsibility and in my heart, this is my home. So, I feel more than threatened by her at this point. I guess most everyone who asks for legal advice is not in a happy place. Thank you for your views.
