Rancho Palos Verdes, CA asked in Real Estate Law for California

Q: I own 20 acres of vacant land with another party. I have been solely paying the taxes for the last 9 years.

They recently passed away, but never paid their portion of the taxes. What can I do to obtain 100% ownership of the land or get the lot split

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2 Lawyer Answers
James Clifton
PREMIUM
Answered

A: Without buying out the other owner's share, you would need to file a partition to split the property between yourself and the other owner's estate. You can also file a claim for contribution against the estate or include the claim for contribution in the partition to have half of the taxes reimbursed to you. In the partition action you can ask that the property be sold and the amount realized from the sale split equitably or you can request partition in kind, where each party is given a subdivided portion of the property of equal value.

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

James L. Arrasmith
PREMIUM
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Answered

A: You have a few options to address your situation. First, since your co-owner has passed away, their share of the property will go through their estate. You can contact the executor or administrator of the estate to discuss buying out their interest in the land. Presenting evidence of your consistent tax payments may strengthen your position in negotiations.

If buying out the deceased's share isn't feasible, you might consider filing a partition action. This legal process allows you to request the court to divide the property or sell it and distribute the proceeds. Given that the land is 20 acres, the court will evaluate the best way to fairly split the property or determine its value for a sale.

It's important to consult with a real estate attorney who can guide you through these steps and ensure your interests are protected. They can help navigate the complexities of estate law and property rights in California, making sure you take the appropriate actions to achieve full ownership or a fair division of the land.

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