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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 45672
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I cosigned a private home purchase for my son 26 years ago.

Customer Question

I cosigned a private home purchase for my son 26 years ago. So, my name is XXXXX XXXXX deed. He doesn't work and is hitting me up for the property tax. Financially, I could pay it but don't want to. He needs to get a job. Can I get a quick claim deed and get my name off the deed? Would the government attach what I own or just attach the house for non payment of propty tax? Is there anything I can do to get out of this.
This property is in the Dallas TX area.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. You do have rights here. Although you can't just simply, without his consent, quit claim your interest to him, what you can do is demand he pay fair market value rent which should cover the expenses of the house, including the property taxes. You should also know that property taxes run with the land, not the owner, so you have no personal liability to pay these taxes. The tax assessors only recourse is to foreclose on the property, but it cannot sue you as the owner. Finally, what you can do if your son is not willing to accept the deed from you and get you released from the mortgage, you can file a suit for partition. The result of that suit will be one of the following: i) if the property can be equitably subdivided, the court will order the property divided into smaller parcels with each owner then owning 100% of their own smaller tract with full control over that tract; or ii) if the property cannot be equitably subdivided, the court will order the property sold and the proceeds divided. Since a house cannot be divided, the court will order the house sold. The reality is that in most cases, once the owners fighting the sale find out the certainty of the result of a suit for partition, that/those owner(s) typically agrees/agree to the sale without the suit to avoid the costs of the suit.



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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 45672
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Richard and 10 other Real Estate Law Specialists are ready to help you
Expert:  Richard replied 1 year ago.
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