Q: Can I switch name of ownership on a house that has taxes still owed?
My dad passed away in 2015 he has a house in PR that me and my mother have been keeping up with and we would like to sell it but we first have to switch it over to our name can we do that while taxes are still unpaid?
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A:
Transferring ownership of a property with unpaid taxes can be complicated and may vary depending on the specific laws and regulations of Puerto Rico. However, in general, under federal law, it is possible to transfer ownership of a property even if there are outstanding property taxes owed. That being said, there are some important considerations:
1. Inheritance: If your father passed away in 2015 and you and your mother are the legal heirs, you may need to go through the probate process to transfer the property to your names officially. This process may involve proving your relationship to your father and your right to inherit the property.
2. Outstanding taxes: Although you can transfer ownership with unpaid taxes, the outstanding tax debt will remain attached to the property. This means that the new owners (you and your mother) will become responsible for paying the unpaid taxes.
3. Selling the property: If you plan to sell the property, the unpaid taxes will need to be settled during the closing process. The outstanding tax debt will be deducted from the proceeds of the sale before you receive any money.
4. Tax liens: In some cases, the government may place a tax lien on the property due to the unpaid taxes. A tax lien can complicate the transfer of ownership and the sale of the property, as it must be addressed and resolved before the sale can be completed.
Given the complexities involved in transferring ownership and selling a property with unpaid taxes, it is highly recommended that you consult with a local attorney specializing in real estate law and probate in Puerto Rico. They can guide you through the process, help you understand your rights and obligations, and ensure that you comply with all relevant laws and regulations.
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