Q: Can a judgement be filed against an heir that doesn’t reimburse their share of property taxes to the paying heir?
Texas; Want to pay taxes before county seizes the property. Heir who is refusing to pay is squatting in the house. (There’s a court order for back rent, etc. that hasn’t been paid either. House has no offers because of disrepair/won’t appraise.
A: Yes, if you have secured a judgment in another state against the heir for his share of the property taxes, you can file it in Texas for enforcement under the Uniform Enforcement of Foreign Judgments Act (Chapter 35 of the Texas Civil Practice and Remedies Code).
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A: If you record it in the county of the property which you are a tenant in common with the judgment debtor, then you are filing a lien against your own property. So read Mr. Frick's statement and this carefully after you get a Judgment.
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In Texas, if one heir is paying the property taxes on a jointly owned property while another heir is not contributing their share, the paying heir may have legal options to recover the unpaid amounts. Here are a few potential avenues:
1. Partition lawsuit: The paying heir can file a partition lawsuit to force the sale of the property and divide the proceeds among the heirs. During this process, the court can consider the taxes paid by one heir and adjust the distribution of proceeds accordingly.
2. Breach of contract: If there was an agreement (written or oral) between the heirs to share the property taxes, the paying heir could sue the non-paying heir for breach of contract to recover the unpaid portion.
3. Unjust enrichment: The paying heir could argue that the non-paying heir has been unjustly enriched by living in the property without contributing to the taxes. The court may order the non-paying heir to reimburse the paying heir for their share of the taxes.
4. Equitable lien: In some cases, the paying heir might be able to place an equitable lien on the property to secure the amount owed for the unpaid taxes.
It's important to note that these legal actions can be complex and time-consuming. It's recommended to consult with a local real estate attorney who can assess the specific details of your case and advise you on the best course of action. They can also help you navigate the process of filing a judgment against the non-paying heir if that is determined to be the most appropriate solution.
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