Texarkana, TX asked in Real Estate Law, Tax Law and Landlord - Tenant for Texas

Q: I am in ownership with a house and land with two other family members passed down from my father.

The taxes are delinquent from the youngest child living there for 13 yrs. I am the only one who has interest in the property. The current residence doesn't want to relocate until the time of auction. Please help to keep my father's home

2 Lawyer Answers
James Clifton
PREMIUM
Answered

A: If you would like to keep the property, you will need to make arrangements to buy out your two other siblings interest in the property. Once you have done that, you can force the sibling living there to leave. You will then solely be responsible for the payment of taxes, maintenance, upkeep, etc. Until then, your options are limited. You can pay the delinquent taxes and seek reimbursement to avoid the tax foreclosure from moving forward.

Schedule a free consultation to make sure your interest in the property is protected.

James L. Arrasmith
PREMIUM
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Answered

A: It sounds like you’re in a tough situation, but there are steps you can take to protect your father’s home. First, it’s important to deal with the delinquent taxes as soon as possible to prevent the property from going to auction. You may want to contact your county’s tax office to discuss payment plans or possible options to pay off the back taxes in installments, which can help delay or stop the auction process.

Since you're the only one interested in keeping the home, it may be helpful to have a conversation with the other family members about buying out their share or coming to an agreement about future ownership. Legal documents might need to be drawn up to clarify ownership, but these steps can help secure your position.

If the current resident refuses to leave, you could explore legal avenues for resolving the issue. In some cases, working out a compromise, such as giving them time to find a new place, can prevent more drastic actions like eviction. It’s key to keep communication open and take action quickly to prevent losing the property.

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