Widow wants her stepdaughter to help with the property taxes
The information in this column is intended to provide a general understanding of the law, not as legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
Q: My husband died without a will. My house is now owned half by me and half by his daughter. How can I get her to pay her half of the property taxes? I have paid for this house and am keeping it up, as I am the widow.
A: As the surviving spouse, you have the right to live in the home for the rest of your life, and your stepdaughter can’t make you move out. You have what amounts to a life estate in the property.
As the life tenant, you must pay for the expenses of upkeep of the home, as you say you are doing. These expenses include items such as utilities, lawn maintenance and repairs. You must also pay for all property taxes and mortgage interest, if any.
Your stepdaughter must pay for her half share of all casualty insurance premiums and mortgage principal payments. Property taxes are not her responsibility.
Getting her to pay her share might be a problem. You can sue her in small claims court, but you might have to sue her year after year, as you can sue only when you are owed money.
Q: We and our neighbors would like to purchase a house to rent. I understand there can be complications if one of the co-owners needs to sell his or her stake. Where can we find a good contract that might explain and cover most of the things that can happen with this?
A: Contracts typically don’t explain what can and can’t happen. That’s what a lawyer would do for you. You might also be able to find a book that explains the issues associated with co-ownership of real estate.
You may be able to find a decent contract at a law library or on the internet, but you need to be certain you are using the right form.
There’s also the issue of whether you want to use an entity to own the home. If an entity is appropriate, you would need to create this entity and then operate it properly.
If you simply purchase the property in joint names, with a number of owners, all of you will be treated as owning the property as tenants in common. There are default rules which would apply under Texas law, but those rules are far too complicated to explain here.
The bottom line is that if you are going to spend tens or hundreds of thousands of dollars buying real estate with multiple unrelated coowners, you should first seek the advice of a real estate or business attorney.