Legal Question in Real Estate Law in California

Joint owners one tax payer and divorced

My ex husband and i have been divorced for 25 years we have a piece of property that i have been paying the taxs on since our divorce. He has no interest but won't release it to me. We would have lost it if i had not paid the taxs. How can i get soul ownership. Can i do a quitclaim. Or what are my options

Asked on 3/31/06, 2:53 pm

2 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia
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Re: Joint owners one tax payer and divorced

If your ex is on title under joint tenancy or tenants in common, you'll have to sue for ''partition.'' The property will be sold, the proceeds split to the extent any interests are part of the former community, and you will be reimbursed your tax payments. Good luck.

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3/31/06, 2:59 pm
Daniel Harrison Berger Harrison, APC
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Re: Joint owners one tax payer and divorced

If he's on title to the property, you can't remove him without his signature. You have a couple of options: (1) you can buy out your ex - give him money in exchange for his interest in the property, or (2) file a lawsuit for partition and sale of the property.

Let me know if you need further help.

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3/31/06, 5:00 pm

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