If my husband and I own a house and my mother’s name is on the deed, is she responsible for paying her share of the property taxes?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my husband and I own a house and my mother’s name is on the deed, is she responsible for paying her share of the property taxes?

What if she doesn’t? I filed for homestead exemption with my mother listed as 1/3 owner. The property taxes are due soon. She received a bill at my home.

Asked on December 18, 2015 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The agreement you had with your mother should control.  This means that if your mother's name is on the deed because she co-signed a document for you, but she doesn't occupy or otherwise use the house, then most likely, the agreement was that you and your husband would be responsible for any amounts due on the house, including the taxes.   If your agreement with your mom was that the three of you would split cost equally, then that should control. 
However, most taxing authorities are not aware of agreements between the parties.  This means they will seek a 100% of the funds from whomever they can get to pay the taxes.  That could be one of you or all three of you.  If your mom has to pay 100% of the taxes for a house that the three of you agreed she would not occupy or otherwise be liable for, then she could potentially sue you and your husband to recoup her losses.  Alternatively, you could sue your mom if you had to pay the taxes she was obligated to pay if you paid a 100% of the tax bill and it was ya'll's agreement that she would share in the liability.
If no one pays the taxes or if the taxes are not paid in full, then then taxing authorities can seek enforcement of the tax bill by requesting permission from the court to sell the house to satisfy any remaining amounts due. 
I really suggest that you and your husband visit with your mom to lay out a plan for payment.  Losing your house at a tax sell is not worth the risk.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption