Property Tax Liability

Thanks for all of the good information here.

My XW moved out in Sept 08. We are both on the title to the marital home and on the mortgage. We do not escrow property taxes and they are due- $9100.00. Welcome to Chapel Hill. In the consent order that ordered the sale of the house, from July 09, it simply states that we will both split the proceeds. There is no language about property taxes, fair-market rent for the use of the home, etc.

I have been paying the mortgage and insurance and upkeep on the house since Sept 08, when she left me. She then sued for full custody, etc, which was finally resolved in Nov 09.

Now, 2009 property tax is due. I have paid 1/2. Is my XW responsible for the other half, as half-owner?

I have offered to pay her half until the house sells, and then be repaid from the proceeds. She states (I believe incorrectly) that since she doesn’t live in the house she is magically not responsible to pay the taxes.

What are my options?
Do I just let the 1/2 of the bill go unpaid until the house is sold?

Do I pay all of it to keep my credit clean, then trust that I will be automagically repaid for her half of the property tax debt when the house is sold?

Or, am I stuck needing to pay it so that I can get a mortgage when I move out of this house?


It sounds like you will need clarification from the court, is your property distribution outlined in a court order?, a separation agreement? What if anything does the document say about debts?