Tenants in Common

[condenado]

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!

[adjusterjack]

No.

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

[PayrolGuy]

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.

[PayrolGuy]

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

[PayrolGuy]

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.

[CONNOR99]

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?

[jk]

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.

[condenado]

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.

[free9man]

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?

[PayrolGuy]

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.