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Category: Family Law
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My husband still owns the building of a plumbing and heating

Resolved Question:

My husband still owns the building of a plumbing and heating store in Park Falls, WI. We are now on fixed income and cannot afford to pay the taxes, insurance and maintenance on it. We don't want the store, which still has some copper fittings, aluminium sheeting etc. How can we get out from under, legally? What happens if he defaults on the taxes and allows the city to take it over? Could he give it to charity? Help!
Submitted: 2 years ago.
Category: Family Law
Expert:  Roger replied 2 years ago.

Hi - my name is XXXXX XXXXX X'm a Family Law litigation attorney here to assist you.

 

Is there any debt against the property - like a mortgage?

Customer: replied 2 years ago.
No. He owns it free and clear. There are no liens on the property
Expert:  Roger replied 2 years ago.

Ok. Thanks.

 

In that case, he can transfer or donate the property to anyone he wants. The tax debt will follow the property and the new owner would be responsible for the real estate taxes.

 

If you don't transfer the property, the city and county will continue to assess taxes, and after 2-3 years, the property can be transferred to a purchaser for taxes due to the city and county.

 

The city and county cannot sue you for the debt. Instead, the property stands as security for the taxes.

Roger, Attorney
Category: Family Law
Satisfied Customers: 25995
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 10 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
What is az "purchaser"for taxes? Also, a little wrinkle: The property's underground is polluted and they are doing remediations, which just puts us in limbo forever.
Expert:  Roger replied 2 years ago.

When property taxes are not paid by the landowner, the city/county sells the taxes at public sale to a buyer at an auction. That person/purchaser has a lien against the property, and after 2-3 years, that buyer at the auction can apply for a deed to the property and state an ownership claim to the property.

 

If there are problems with the property, your husband would be required to disclose any issues to anyone that he deeds/donates the property to. As long as he does that, he is fine.

 

 

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