QUESTION
What are my rights to stay in a house that I have paid taxes for an extended period of time? How?
Asked on Jul 15th, 2015 on Litigation - California
More details to this question:
I've been paying taxes for sixteen years and my boyfriend has been put in a nursing home temporary the ex girlfriend's name is on the deeds with his and she trying to go to court and have me removed.
9 ANSWERS
You should file a lawsuit for adverse possession so you can get title to the house, or at least to recover the amount of money you have paid.
Answered on Aug 03rd, 2015 at 1:33 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Well, it may have been somewhat short-sighted not to attend to these matters much sooner. In any event, if she brings a legal action, or even seems very likely to do so, you might well file a legal action for a Declaration of Interests in Real Property. (Paying taxes for 16 years on the property might give you 'squatter's rights', also called 'prescriptive rights.' Be ready to prove that you were the one who actually paid the taxes. Bank records may help.) It's not clear if your bf is on the deed with his ex. If he is, and he permits you to live on the property, she most likely cannot oust you. If she is the sole owner, you still would have the prescriptive rights argument. Best of all, consult a lawyer well-versed in real estate law.
Answered on Jul 16th, 2015 at 6:32 PM
Ronald A. Steinberg
You will need to have the boyfriend sign a quit claim deed getting rid of the ex-girlfriend. You may need to hire a lawyer.
Answered on Jul 16th, 2015 at 9:12 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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This is an issue that will require in-depth litigation. It will involve estoppel, adverse posession, equitable title, partition and then there's the nursing home angle. Do not expect to simply walk into court and say "Judge, I have rights" and expect him/her to say, "I know, you are right" and bang the gavel and case dismised. There will be motion practice, submission of legal briefs, possible hearings and/or depositions, even appeals
Answered on Jul 16th, 2015 at 8:32 AM
James Eugene Hasser
More info is needed, but right off the bat I would say you have "squatter's rights", which is a loose term meaning you have possessory and possibly ownership rights to the property. Consider consulting an experienced lawyer familiar with property law.
Answered on Jul 15th, 2015 at 5:22 PM
Thomas Edward Gates
Sorry, if you are not on the title, you have no rights to be there.
Answered on Jul 15th, 2015 at 4:15 PM
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If the ex-girlfriend is on the deed, you need to hire an estate attorney to help you figure out how your interest can be protected. Make sure the insurance on the house is paid if there is no current mortgage or loan on the house.
Answered on Jul 15th, 2015 at 4:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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It would appear that there are major issues, if she is the title holder with your boyfriend and is suing for partition. I would suggest that you counsel with an attorney to determine the actual situation and your options. I am assuming that you continue to occupy the home with the permission of your boyfriend, effectively as his tenant.
Answered on Jul 15th, 2015 at 4:06 PM
Your paying taxes gives you no ownership rights. You may be able to get those payments back, depending on what your agreement was with him, but with her being on the deed and your not being married to him [there in no common law marriage in California], you clearly need a local real property attorney who does litigation to help you. You also have to get your boyfriend, assuming he is mentally competent,to finally do something to protect you, such as naming you as a beneficiary in a trust and/or Will, excluding the ex-girlfriend, trying to establish that she owes him money for her part of the house, etc. You are in a very bad situation and need to act immediately.
Answered on Jul 15th, 2015 at 4:06 PM