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.
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...
Obviously, the agreement you mentioned, which we haven't read, may limit your ability to pursue certain remedies.
the law expressly allows for contractors and materialmen to place involuntary liens and does not allow for it in most other situations.
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 don't think you are going to find a California law that says, "The life estate holder must pay all property taxes."