Q: I have a rural property, 12 acres that the deed is in my name and also in my EX-boyfriends name.....
This property was originally my parents, given to my sister. She lost it in a tax sale, and me and my boyfriend at the time bought it together.
We split up 6 years ago, but he has continued to pay the property taxes himself. He will not communicate with me, and won't sell his share to me, or let US sell the property to a third party and split the proceeds as I have suggested when we split up. I was told by an attorney that no matter who pays the taxes, both partied are entitled to the use of the property. I want to put a tiny house on the property and occupy it occasionally as a get away location.
My questions are:
1. If he pays the property taxes for "X" number of years (in New York State) can he at some point declare sole ownership?
2. Can he protest my cabin and make me remove it from the property?
3. Can he at some point demand me to pay him half of the money he has paid in taxes for the last 6 (or more) years?
Thank you so much for your help with this matter!
E
A: He doesn't have to protest your cabin.... He, like you, could simply move into it. You are not the first person to find themselves owning property with someone with whom an agreement to manage or sell the property cannot be reached. Fortunately, you can commence a partition action to force the sale of the property. Many times, even when a co-owner previously refused, a negotiated settlement can be reached after a partition is commenced that allows one party to buy out the other.
A: Both parties have rights to possess the whole. You cannot just put in a cabin for yourself. You need to bring a partition case, and have the property sold (and you buy it), or force a settlement. The present arrangement is a litigation certainty.
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