LawProblems.com -- Answers to Questions About Real Estate Law
Money and real estate news you can use everyday
 
           

Home
Real Estate Lawyer
Question of the Week
Tip of the Week
Recommended Books
Resources
Glossary
Contact Sam

Does Paying Property Tax Give Ownership?

REM #LAW585

By Ilyce R. Glink and Samuel J. Tamkin

Summary: A writer wonders if they own a family member's property because they paid the property tax. Sam and Ilyce explain that generally, the payment of real estate taxes alone is never sufficient to give the tax payer ownership rights to a property

Q: I have a question about property taxes. If I have paid the property taxes for a home that belonged to my mother and now belongs to my grandchildren does that give me any claim to the ownership of the property?

A. Generally, the payment of real estate taxes alone is never sufficient to give the tax payer ownership rights to a property. Most, if not all, states have statutes that provide that an occupant or user of real estate can obtain ownership rights to the property if they satisfy various requirements for up to 21 years.

For example, these requirements might include the payment of real estate taxes, but would also require the occupant to use the property in a way that excludes the real owner from using the property. For example, if you paid the taxes and lived in the house and paid all of the expenses of ownership, that might be sufficient to prove ownership.
(article continues below useful links)

But you need to keep in mind the following: You canít live in the property with the permission of the real owner, and you canít be a long-term guest at the home. The real owner canít live at the property while you stay there and you must continuously and openly live or use the property to the exclusion of the real owner.

The home was your motherís and most likely she allowed you and other family members to live at the home. In this case, you would most likely never obtain an ownership right in the property.

If your mother had a will when she died and the will was not contested, her will would designate who would now own the property without regard to who paid the real estate taxes or who lived in her house.

If she had no will, the probate court following state laws would determine who would own the property.

It appears that you might resent the property taxes you have paid throughout the years on this property. If thatís the case, you should inform the current owner, presumably your grandchildren, that you will no longer pay these taxes, so they can make other arrangements to have them paid. Otherwise, they could lose the house for non-payment of taxes.

Samuel J. Tamkin is a Chicago-based real estate attorney. Ilyce R. Glinkís latest book is 50 Simple Steps You Can Take To Sell Your Home Faster and For More Money In Any Market. If you have questions for them, write: Real Estate Matters Syndicate, PO Box 366, Glencoe, IL 60022 or contact them through Ilyceís website www.thinkglink.com

 

 

 

RSS Feeds

RSS 0.91 Feed
RSS 1.0 Feed
RSS 2.0 Feed
ATOM Feed

Home Buying   Using Attorneys to Buy a Home - Earnest Money - Quitclaim Deeds - Easements - Seller Misreprensation - New Construction - Buying with Partners - Home Inspections - Seller Problems - Agent Issues
Home Selling    Using Attorneys to Sell a Home - Seller Disclosure laws - Title Problems - Buyer Problems - Real Estate Agent Issues - Tax Considerations
Home Ownership   Neighbor Problems - Seller Misrepresentation And Fraud Issues - Problems In a Condominium Development - Problems Around The House - New Construction Issues - Subdividing Land
Home Renovation   Architect Issues - Contractor Issues - Problems With Contractors - Inspection Issues - Certificate Of Occupancy - Municipal Inspections - Punch List Issues - Financing Issues - Installment Contracts
Real Estate  
Financing
 
Loan Application Problems - Refinancing Issues - Paying Off An Old Loan - Credit Problems - Seller Recommended Lender - Prepaying A Loan - Prepayment Penalties - Predatory Lenders
Investment  
Property
 
1031 Exchanges - Financing Investment Properties - Landlord and Tenant Issues - Partnership and Company Considerations - Tax Considerations - Subdividing Land
 
Contact Us | Sitemap | Terms of Use | Copyright ©2001-2005. ThinkGlink Inc. All rights reserved.
Reproduction of material from any www.LawProblems.com pages without written permission is strictly prohibited.
Site design by Walker Sands Communications