Legal Question in Bankruptcy in California

I received a home in my divorce settlement but it has back property taxes ($30,000)

I would like to keep the home for me and my children but I can't afford to pay this tax bill.


Asked on 10/22/09, 2:28 pm

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

You really don't have much choice. If you don't pay the property taxes, 1 of 2 things may happen. First, the County Assessor's office can auction off your property if the taxes become delinquent for 5 years. Property taxes are superior even to a first mortgage. The other and more likely possibility is that your mortgage company will pay the taxes, add them to your mortgage and possibly declare you mortage to be in default because of this.

You should do 2 things. First, talk to your divorce attorney to see if your ex spouse can be made to bring the property current. You may have some other remedy in family court too. Second, talk to a local bankruptcy attorney to see if you have use Chapter 13 to create a repayment plan for the taxes.

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Answered on 10/31/09, 12:01 pm


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