Can my sister get the house through adverse possession? What rights do I have?

Tough situation. It sounds like your sister really should buy out your interest. That would allow her to stay there and it would allow you to have your share of your inheritance. Otherwise, as an owner, you are entitled to possession, in the same way that your sister is. It is hard to see how that could work, under the circumstances, though.

Sell her your portion based on fair market value. Do not just sign it over. You are still an owner .

If your name is on the deed you have the unlimited right to move in and live there. If her name is on the deed she has the unlimited right to move in and live there She does not have the right to allow her son and his family to live there and displace you, a legal owner of the house. Further, the only way she could get your interest in the house is if you allow her to live there 15 years in an "adverse" manner e.g. keeping you out for that long.

You should probably see a real estate attorney about what your rights are, and how to protect them. But, some questions for clarification: Did you agree to let your sister and her husband move into the house? Was there a rental contract prepared? When your brother died, did he have any assets? Was there a probate proceeding? Part owners just can't move into a residence without the agreement of the other part owner(s). Did you ever ask for rent? Did you ever protest her living there, after your brother died? You've waited a very long time to pursue your ownership rights in this property. Find a qualified local real estate attorney as soon as possible.

She can buy your share or you can file a partition action to force the sale.

No, she can not claim adverse possession as she is an owner of the house so there is no hostile act required by adverse possession. You have the equal right to live in the house, whether or not there is no room. But you can not kick your sister out and I am not sure if you can remove her son and his family but you should be able to charge them for your portion of the rent they should be paying. You may have to threaten to sue for partition, which cold cost up to $15,000.

If she was living there with you permission, then it was not adverse possession. If you sign it over, you will need to file a gift tax return Hire a lawyer, and get rid of them. Sue for partition, and the court will order a sale. 28

To acquire property by Adverse Possession the person claiming such title must assert that they are the owners of the property to the exclusion of all others. In this case, it would appear that your sister is not claiming ownership of the property adverse to your interests in the property as a tenant in common or joint tenant. If there were three siblings, yourself, your sister and your brother who is now deceased, the first thing you need to do is determine how the title is held by the three (3) of you. Is it held as tenants in common or joint tenancy. This can be determined from a review of a copy of the deed by which the three siblings acquired title to the property from your parents. If title to the property is held by the three of you as joint tenants, then you will need to record a Declaration of Death of Joint Tenant, with a copy of his death certificate attached, to remove him from the title to the property. If title is held by the three of you as tenants in common, then you will need to probate your brothers estate to have him removed from title, and his heirs named as co-tenants with you and your sister. If you brother's only heir are you and your sister, at the conclusion of the probate proceedings, you and your sister should each own a 50% interest in the property as tenants in common. I believe that you have a larger problem with respect to the property, which is why the co-tenant in possession is not paying rent for the use of the home. By way of example, if the fair rental value of the home is 1,000 per month, then the co-tenant in possession should be paying the co-tenant out of possession (i.e. you) rent. In this example, assuming real estate taxes and maintenance of the home are $200 per month, and these expenses are being paid by your sister, then you should be receiving a check each month for $400! There is also the issue of: If you cannot occupy the home and use it equally with you sister, why cann't your sister buy your interest in the home. Again, by way of example, if the home is worth $99,000, and there are three owners of the property, your sister could buy your interest for $33,000, and own 2/3 of the home, rather than 1/3. My best advice is to call an experience real estate lawyer in California in or near the county in which the property is located. You do own an interest in as asset which right now is not providing you with any return on your investment. Real estate transactions involve many issues, such as title, collateral, title insurance, general insurance, real property taxes, income taxes, etc. You do not under any circumstances want to screw up the title to the property, nor assume unreasonable risks.

Your sister should never be able to claim through adverse possession, since her possession has been permissive, not adverse. Unless your sister will negotiate, the only way to solve this is with an action for partition, through which the property will be sold and the proceeds divided. Your sister should buy your interest in the house.

If you are all on the title, I don't believe she can use adverse possession. She could file a partition lawsuit to try to get the court to change the ownership.

She will have a problem establishing it where you are both joint owners. However you should be careful. If she excludes your rights openly and hostile for the statutory period of time there is a possibility of you losing your rights. I would consult an attorney and consider a partition action to sell the house ( or force her to buy you out).

No she cannot take the house... although apparently she is trying.. You can file a petition to partition which will force the sale of the property and the money distributed to the rightful heirs. Talk to an attorney about the costs of filing such a petition.

You and your sister and any other surviving siblings own the house together. You have permitted your sister to reside in the house but you don't indicate whether she paid any rent, taxes, or maintenance on the property. Most likely you have equal claims to the property and you have as much right to reside there as she does. You can sell your interest in the property to your sister and her children, if you want to, but you have no obligation to give it to her.

Adverse possession is not a legal issue in your situation. You and your sister should resolve your issues and agree to ownership. Unless the property is worth significant value, you will not gain much by court action. Realize that you are not required to sign over your ownership interest. Perhaps you can assign a value to your interest and negotiate with your sister.

File a complaint with the court to force a sale of the house.

The people living in the house should be paying the owners rent. Make sure the house is titled properly. If the parties cannot agree, then the house should be sold and the money divided among the owners.

See an attorney about doing a partition lawsuit. You as plaintiff would have the right to have the house sold and the proceeds split among the siblings. Your sister would have the right to buy you out but at fair market value. The sooner you see an attorney, the better off you are.