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  1. #11
    Join Date
    Oct 2006
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    15,939

    Default Re: Tenants in Common

    Quote Quoting condenado
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    Original poster here. This involves LA county property taxes and @ $30,000.
    The tenant in common simply refuses to pay and for many years now.
    Why does the tenant in common refuse to pay? Have you somehow tied the property up so that the tenant in common receives no benefit from the property, while you do? Why hasn't the property been sold and the proceeds divided?

  2. #12

    Default Re: Tenants in Common

    California has its own rules when the tenant in common document does not spell out who pays what.
    That was the case here. This whole deal was part of a plan to get the owners of the property qualified for MediCal, and retain the home using a personal right of occupancy.
    Not to make this too complicated, but both tenants in common were gifted this property with the provision that the original owners could live in the property during their lifetimes.
    Both of us had to sign this document so the property cannot be sold, traded or borrowed against. In California each party is responsible for taxes, property insurance and major repairs up to the percentage of ownership. Both have the right to live in the property, neither can exclude the other nor charge the other rent. I am living in the property caregiving for the elderly owner. the other tenant in common lives and works a distance away and has no desire to live here which is fine but visits from time to time. When asked about the money owed she says she is broke.

    it is 30,000 by my calculations. The usual remedy is to partition the property. During the hearing the judge will ask if there are any expenses involved and I would present what I have. A credit is given.
    In this case, there is a right of occupancy by the original owner preventing sale or division of the property. Its written right into the tenants in common gift deed.

  3. #13
    Join Date
    Oct 2006
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    15,939

    Default Re: Tenants in Common

    Quote Quoting condenado
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    California has its own rules when the tenant in common document does not spell out who pays what.
    That was the case here. This whole deal was part of a plan to get the owners of the property qualified for MediCal, and retain the home using a personal right of occupancy.
    Not to make this too complicated, but both tenants in common were gifted this property with the provision that the original owners could live in the property during their lifetimes.
    Both of us had to sign this document so the property cannot be sold, traded or borrowed against. In California each party is responsible for taxes, property insurance and major repairs up to the percentage of ownership. Both have the right to live in the property, neither can exclude the other nor charge the other rent. I am living in the property caregiving for the elderly owner. the other tenant in common lives and works a distance away and has no desire to live here which is fine but visits from time to time. When asked about the money owed she says she is broke.

    it is 30,000 by my calculations. The usual remedy is to partition the property. During the hearing the judge will ask if there are any expenses involved and I would present what I have. A credit is given.
    In this case, there is a right of occupancy by the original owner preventing sale or division of the property. Its written right into the tenants in common gift deed.
    Then you may have to wait until the elderly owner(s) pass away so that the house can be sold.

  4. #14

    Default Re: Tenants in Common

    A partition is a very costly process and can take years. I had hoped there was another way to some sort of financial relief from not only paying the other party's taxes but mantainence and major repairs to this property. I have tried to buy out the other tenant, suggested they take out an equity loan on their half etc to no avail. I certainly cant just walk away from it. The caregiving requirements for the elderly owner are another separate issue but affect my ability to do any work on my own to this place. A difficult problem...

  5. #15
    Join Date
    Jul 2018
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    1,988

    Default Re: Tenants in Common

    Quote Quoting condenado
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    Can the one paying the taxes place a lien on the property share of the other for the amount he has paid out for his non paying partner?
    Yes, but only after suing and obtaining a judgment.

    Quote Quoting condenado
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    I am living in the property caregiving for the elderly owner. the other tenant in common lives and works a distance away
    Then you have an obligation to account to the co-owner for fair market rental value of the property.

    Obviously, the agreement you mentioned, which we haven't read, may limit your ability to pursue certain remedies.

  6. #16
    Join Date
    Dec 2019
    Posts
    156

    Default Re: Tenants in Common

    Quote Quoting pg1067
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    Yes, but only after suing and obtaining a judgment.
    Really? A Contractor can place a lien on a property without a court judgement. Why can't someone else like a co-owner do the same?

  7. #17
    Join Date
    Jul 2018
    Posts
    1,988

    Default Re: Tenants in Common

    Quote Quoting CONNOR99
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    Really? A Contractor can place a lien on a property without a court judgement. Why can't someone else like a co-owner do the same?
    Because the law expressly allows for contractors and materialmen to place involuntary liens and does not allow for it in most other situations.

  8. #18
    Join Date
    Oct 2006
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    15,939

    Default Re: Tenants in Common

    Quote Quoting condenado
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    A partition is a very costly process and can take years. I had hoped there was another way to some sort of financial relief from not only paying the other party's taxes but mantainence and major repairs to this property. I have tried to buy out the other tenant, suggested they take out an equity loan on their half etc to no avail. I certainly cant just walk away from it. The caregiving requirements for the elderly owner are another separate issue but affect my ability to do any work on my own to this place. A difficult problem...
    The thing is, you and the elderly owners have full use of the home. Normally when someone has a life estate, which is what these elderly owners have, the people with the life estate are responsible for property taxes and maintenance so that the remaindermen are not stuck with expenses they cannot afford, on an asset that they cannot use. It was a little unusual for yours to be set up so that the remaindermen had to pay those expenses.

  9. #19

    Default Re: Tenants in Common

    Interesting. I will have to look into whether the elderly owner should in fact be paying the taxes etc for the property. I honestly thought the tenants in common had that burden but will consult with an attorney for a definitive answer.

  10. #20
    Join Date
    Oct 2016
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    3,587

    Default Re: Tenants in Common

    Quote Quoting condenado
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    Interesting. I will have to look into whether the elderly owner should in fact be paying the taxes etc for the property. I honestly thought the tenants in common had that burden but will consult with an attorney for a definitive answer.
    I think you will find that the life estate holder has all rights and responsibilities during the term of the life estate. That would include the payment of the reap property taxes.

    I don't think you are going to find a California law that says, "The life estate holder must pay all property taxes."

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