Corinth, NY asked in Estate Planning, Real Estate Law, Tax Law and Intellectual Property for New York

Q: If there are 2 owners on a house and only one is paying the taxes how do you get a receipt in that 1 persons name ?

In my mother's name a grandparent had left money for me to purchase a home or use for college once I was of age . My mother had withdrawn the money once we found our small home and my father had convinced me to put his name on the home in case of any accidents or lawsuits . 3 years later the story has changed , after discussing moving in a few years with my fiance my father insists he gets 50% of the home which he has right to now because he is secondary on the deed , I am primary . Although we live in it , maintain it , pay for every bill and expense including the taxes which he should be responsible in paying 50% of if he intends to take 50% of when we move . He has refused to pay when I've asked about it . My question is to see if I can save receipts of all tax expenses in my name so that when we decide to move I can make him buy me out for whatever the home is appraised for plus half of all money we have paid in taxes . Thanks for any help !

2 Lawyer Answers
Benjamin Z. Katz
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Answered
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: You should get in touch with the County Assessor. However, I believe that whoever is listed on the Deed will be billed no matter who pays.

Elaine Shay
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Elaine Shay
Answered
  • New York, NY
  • Licensed in New York

A: You can keep proof of whom has made payments for taxes and other expenses regardless of how receipts are issued for the tax payments. However, unless you have an agreement with the co-owner of the property regarding the division of expenses, the co-owner is not automatically required to pay half the expenses. If you cannot work out the dispute regarding ownership of the property, you may want to consider commencing a partition action and demanding an accounting. A partition action can force the sale of the property but most cases settle before that point and you may be able to resolve the matter in a manner that affords you sole ownership of the property if your father made no financial contribution to the purchase of the property.

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