Family Matters
Dear Community,

Our tech team has launched updates to The Nest today. As a result of these updates, members of the Nest Community will need to change their password in order to continue participating in the community. In addition, The Nest community member's avatars will be replaced with generic default avatars. If you wish to revert to your original avatar, you will need to re-upload it via The Nest.

If you have questions about this, please email [email protected]

Thank you.

Note: This only affects The Nest's community members and will not affect members on The Bump or The Knot.

**Update 2.0: The sibling who will not pay what he owes****

edited September 2013 in Family Matters
I just made my rounds this morning regarding the big mess that I have here with Bro.

I spoke to the town CFO who was the tax collector.

He suggested that I could get this house split into 2 condos -- 1 up and one down --- and he would be responsible for paying his condo property tax on the apartment upstairs he is in and I'd have my place down here as a condo, also

That's one thing: we have a full lot next door to the house that is large enough to build a home on; currently it holds the driveway and a garage.  What happens to the lot and garage? Everything is on one tax bill: the house and the driveway.

It is a long process to take a house for outstanding taxes -- he said I have a full year to resolve the unpaid taxes; next year they'd run a "tax sale" for 2013 if nothing from this year is paid up.

"If I might ask and not be nosy, how old is he?" he wanted to know -- he figures this is probably some young kid who doesn't know very much or is just flighty. I gave him Bro's age. Ha.

What happens to the lot and if I want to sell this "condo"? I'd lose money on this deal --- condo versus a 2 family home. And the 2 family home is worth much more than 2 condos --- I figure at best if I took this condo, the place might be worth 200K. This house is worth at least 3 and a half times as much; there is a big lot next door, the one with the garage.  There is also a very large unfinished basement. I don't think it would be worth much sense for this place to go condo. It'd be a money losing deal.

I have a call in to an attorney --- I am hearing "so far" that if I have no proof that he did not physically pay, I am out of luck. Nothin' doin' until I hear it from a reliable legal source.

No proof that he didn't pay? Even companies will send you a past due notice if you don't pay up! How do I "prove" definitively he did not pay??? There's no written agreement and even if there was, he could still break the agreement. And besides, I don't even know if a written agreement would be considered legal and binding for the owners of a 2 family home.

That's what I have so far.

This is a mess and a big one. Waiting to hear what the attorney advises.

Re: **Update 2.0: The sibling who will not pay what he owes****

  • I'm confused, wouldn't the onus be on him for him to prove that he DID pay?

    You cannot prove that funds weren't received in any form. I do believe, though, that if it came to legal action he would be required to evidence that he did pay you.

    It's like a company suing for unpaid invoices, no? You first evidence the obligation to pay (contract, agreement, written communications, etc.) ie: his ownership of 50% of the home and any email communications, written agreements, etc. You then show evidence that YOU have paid for both halves of the home, and claim that he did not pay you for his half.

    He then either admits that he hasn't paid, or claims that he had paid - which he would then need to back up with evidence of payment, or evidence of not being required to pay.

    Am I missing something?
    image

    Chronically hilarious - you'll split your stitches!
    I wrote a book! Bucket list CHECK!
  • That is what I mean: he has to prove he did pay.

    And he hasn't. It's always been in cash.
  • Buy yourself a receipt book at your local office supply store, going forward whenever he pays you, write him a receipt, then he has proof as do you. Obviously hind sight is 20/20 on things that you could have done in the past to prevent this. But maybe you can get a written agreement with him about the amount he needs to pay you going forward & include the past due balance. For example

    I, John Smith, agree to pay, Jane Smith, an amount of $750.00 by the 1st of each month. This amount is 50% of the property tax plus $150.00 towards the past balance due for property tax until the past due balance is paid off. Once the past due balance is paid off, I agree, John Smith, agree to pay $500.00 by the 1st of each month (or whatever payment arragnements you make, it could be every two weeks). Then when you get the payments, you write him out a receipt and you keep a log of the money owed vs received

    Then you have to figure out the utility issue you are having with him.

     

    Good luck!! Keep us updated

  • Erikan73 said:

    Buy yourself a receipt book at your local office supply store, going forward whenever he pays you, write him a receipt, then he has proof as do you. Obviously hind sight is 20/20 on things that you could have done in the past to prevent this. But maybe you can get a written agreement with him about the amount he needs to pay you going forward & include the past due balance. For example

    I, John Smith, agree to pay, Jane Smith, an amount of $750.00 by the 1st of each month. This amount is 50% of the property tax plus $150.00 towards the past balance due for property tax until the past due balance is paid off. Once the past due balance is paid off, I agree, John Smith, agree to pay $500.00 by the 1st of each month (or whatever payment arragnements you make, it could be every two weeks). Then when you get the payments, you write him out a receipt and you keep a log of the money owed vs received

    Then you have to figure out the utility issue you are having with him.

     

    Good luck!! Keep us updated

    This is a great idea, but he will probably not agree to sign anything.

    It would also help to have it signed and then notorized in the notary's witness --- I'm not keen on bringing this up with him anymore. I'll only get the same divisive bullshit and I'd just rather he get served and then let him figure out what to do from there.
  • Ask an attorney about a quiet title action.?
  • Ask an attorney about a quiet title action.?
    What exactly is that?
Sign In or Register to comment.
Choose Another Board
Search Boards