Q: My husband has always paid property taxes on land he owns with his brother. Can we remove him?
The property taxes comes in all three names. (Their dad has since passed). The land was passed down to them.
A: If title to the real estate is in both of their names, they would probably hold title as tenants in common if it came down through probate from their father. Since their names are both on the title to the real property, the only way to remove another owner would be through a partition action where one of the owners or maybe even a third party could purchase the land. A partition is used if the real property can't be divided in kind equally between the owners. Appraisers are appointed by the Court to give a value of the property and once they turn in their report giving their valuation, one or both could file to "Take" the property at that value. If both or neither wish to Take it for that valuation, an auction is held whereby any person could bid and buy the property. An attorney would need to handle all that process for your husband.
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