Legal Question in Real Estate Law in Utah

not paying taxes

I own property in my name and my brothers, that was left to us after my father died in 1999. Since the death of my father I have kept up all upkeep and taxes etc. on this piece of vacant property. My brother knew each and every year the taxes were due and he was to pay 1/2 but has never paid anything. He always claims that he owns 1/2 of the property, yet he has defaulted on his part, by not paying taxes and pushing the hardship on me each year. I am looking for information and help with my rights in getting this property in my name only due to his lack of paying the taxes on his portion. The state of utah told me if you do not pay your taxes after 5 years that can obtain the property. I want to know if there is a law that since my brother has not paid any taxes on this property can I file papers to obtain the property, that I feel I legally own. Help please. Thank you.


Asked on 4/03/07, 3:30 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: not paying taxes

The default tax rules apply to the sale of property by a county after the taxes are delinquent for 5 years (3 in some areas). In your situation you have several options. (1) You can file a lien against the property for the unpaid taxes, so that if and when the property is sold you may have a chance to recover the money. (2) You can file a petition to quiet title and/or partition the property asking the court to either award you the property or in the alternate to divide the property between you and your brother. You are welcome to call for a free consultation.

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Answered on 4/03/07, 3:39 pm


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