Omaha, NE asked in Divorce and Family Law for Nebraska

Q: Hi, I got divorce in 2009. I owed half a duplex. Ex owes other. He lives other half with a friend guy. The friend pays t

The friend pays taxes for property for rent. I thought it was in his name. Its in ex's name. do I need to be concern?

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1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: How does the Decree state to divide the property? It would be unusual, but possible, for the parties to remain owners of the property post-Decree without a plan to separate the real estate. However, usually your divorce decree will state either that the property is sold and proceeds divided in some manner or that one party is awarded the property and has to pay the other party for their share of equity in the home within a certain period of time. If a renter is paying property taxes directly, that generally isn't a problem so long as there are other formalities to help establish that the party is doing this as their share of the rent. For example, is there a written lease that clearly states that the party pays the value of the rent by paying the taxes? If you are concerned about losing your rights to the property, you need to speak with an attorney about the specifics of your situation.

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