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 is not easy to get ownership of property from co-tenants and all of the owners are co-tenants. When the Brother died your Father had a claim for contribution from him for the Brothers share of the taxes that your Father paid. If your Father did not probate a claim it may not be able to collect it now.The co-tenants that pay the taxes have a claim against the other co-tenants for any taxes paid that they can pursue.
If there is a co-tenant that desires to Partition that would be one way to get everyone out. We assume there is not enough to partition in kind so the Court would order it sold. All taxes and expenses paid by a co-tenant could be reimbursed from the sale. Also, a Co-tenant can purchase at the same. That would be the only way to get everyone out if they will not agree.
To clarify. A Partition to sell or divide property is an action that can be filed by a co-tenant. If the land cannot be divided the Court can order a sale. Please consult a local attorney for assistance if this is an option you want to take.
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.
