Full question:
My father and his brother inherited his mother land and the brother refuse to help out with the taxes.My father paid the taxes for 5 years until his brother death and his bother will his share to his six kids and they refuse to help out with the property taxes and my father continue to pay the taxes for 3 more until he pass.My father will his share to his 3 boys and now history repeatin it self.My kids refusing to help pay the property tax.what can be done in my case.
- Category: Real Property
- Subcategory: Partition
- Date:
- State: Georgia
Answer:
It can be challenging to gain ownership of property from co-tenants, as all owners are co-tenants. When your father’s brother passed away, your father could have claimed reimbursement for the brother’s share of the taxes he paid. If your father did not file a claim during probate, it may be too late to collect that now.
Co-tenants who pay property taxes can seek reimbursement from other co-tenants for taxes paid. If one co-tenant wants to partition the property, this could be a way to resolve the issue. If the property cannot be divided, the court may order it to be sold, with all taxes and expenses paid by a co-tenant reimbursed from the sale proceeds. Additionally, a co-tenant can purchase the property during the sale.
A partition action is a legal process that a co-tenant can initiate to sell or divide the property. If the land cannot be divided, the court can order a sale. Please consult a local attorney for guidance on this option.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.