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  1. #1

    Default Tenants in Common

    My question involves real estate located in the State of: California

    Two people own equal shares of a property in California as tenants in common.
    One has not paid taxes on their share of the property. The other has been paying all the tax so as to not lose the property to taxes.
    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?

    Thanks!

  2. #2
    Join Date
    Mar 2013
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    17,514

    Default Re: Tenants in Common

    No.

    You would have to sue for the money in small claims court.

  3. #3
    Join Date
    Oct 2016
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    3,587

    Default Re: Tenants in Common

    Quote Quoting Daniel Palos
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    If he wins the judgement, would he then have to file a tax lien on the property if the other party doesn't pay up?
    He could file a lien but it wouldn't be a tax lien.

    California has a number of ways to collect a civil judgment.

  4. #4
    Join Date
    Oct 2016
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    3,587

    Default Re: Tenants in Common

    As you aren't the OP I see no reason to help YOU with something that does not concern you.

  5. #5
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    Oct 2016
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    Default Re: Tenants in Common

    Quote Quoting Daniel Palos
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    I looked into it after you mention there are several ways to collect a civil judgement.

    Is a tax lien only imposed by the public sector?
    A tax line can only be imposed by those entities that can impose taxes. It is sort of right there in the name.

  6. #6
    Join Date
    Dec 2019
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    156

    Default Re: Tenants in Common

    Quote Quoting PayrolGuy
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    As you aren't the OP I see no reason to help YOU with something that does not concern you.
    When I am asked questions here, the person asking the question commonly refers to himself as "we." ...As though I would be answering a question asked by the whole board. Why is it different now? Wouldn't the answer to this question be helpful to the OP?

  7. #7
    Join Date
    Jan 2006
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    38,867

    Default Re: Tenants in Common

    Yes. It is imposed by the taxing authority. The debt between the two owners is not a tax issue. It was created when one party paid both parties share of the common debt. The actual tax debt is owed both jointly and severally by the owners. Once the tax debt is paid to the state, it is not a tax issue. In fact whether one party owes the other anything is based on whatever agreement they have between them or in the absence of an agreement, each owes an equal amount of the tax debt. The state is not going to be involved in the situation at hand unless either chooses to seek a remedy through the courts as a private action.



    if I recall correctly, small claims in California max is $10,000. Depending on the annual taxes and how many years the debt has accrued, it could realistically exceed small claims limits. This may need to be addressed in a higher court.

  8. #8

    Default Re: Tenants in Common

    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.

  9. #9
    Join Date
    Jul 2010
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    7,791

    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.
    Then you will have to sue them. Is $30,000 the accrued amount they owe you?

  10. #10
    Join Date
    Oct 2016
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    3,587

    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.
    How many years does the $30K cover?

    What is the value of the property?


    P.S. Thank you for ignoring the troll.

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