Legal Question in Real Estate Law in Indiana

Taxes on Property Deliqint

MY mother has not paid property TAX FOR 4 YEARS ON A HOUSE I live in.House was put up for sale at sheriff sale for not paying taxes. My Father told me saw property up for sale in local paper,I went to court house to check and they told me it had been sold ,but she has until October to pay taxes and penainltes or property belongs to people that won the bid. I recently paid taxes and penalties on said property after she told me she would sign property over to me , now shes saying shes not going to do it! What are my rights to this property since I paid Taxes on it?Do I have any rights to yhis propertey?SHE NOW SAYES SHES GOING TO SELL MY HOME!

Asked on 7/11/09, 7:18 pm

2 Answers from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Taxes on Property Deliqint

None of the facts recited in your question indicate that your mother ever gave you the property. Neither do the facts show that you have an enforceable purchase agreement. Even though you paid the taxes and penalties on the property -- this one time -- you do not have a right to own the place. An enforceable agreement to purchase property must be in writing, and I doubt the amount you paid on the back taxes is close to fair market value. Your mother could easily show that this amounted to less than the fair market value of the rent for all the time you have lived there. Mothers are sometimes disappointed in their children, often with good reason. You know the old saying -- when Mama ain't happy, ain't nobody happy. If you are unable to make your mother happy, then move on. Good luck.

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Answered on 7/12/09, 11:13 am
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Taxes on Property Deliqint

Generally, real estate agreements for purchase must be in writing. An exception to that rule is partial performance of an oral agreement. You arguably have a valid claim. However, I am not so sure that a court would allow you to purchase your mother's home for the cost of taxes on an equitable basis. You need to hire an attorney as it does not sound like your situation is clear cut. Good luck.

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Answered on 7/12/09, 1:01 pm

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