Can adverse possession be used to obtain ownership of community property?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Can adverse possession be used to obtain ownership of community property?

Can the concept of adverse possession apply with community property when after a divorce one ex-spouse is left to pay all taxes and make all mortgage payments on the home? The other ex-spouse leaves the country but is still on the deed.

Asked on September 27, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Adverse possession is a legal claim when someone openly, continuously, under claim of right, to the exclusion of al others for five (5) years uses another person's property and pays the property taxes on that property.

If there has been a divorce and the property that is being occupied under the an adverse possession claim is in the name of another person and property taxes are being paid upon it, then there is a possibility that the use of it may ripen into adverse possession absent some agreement of consent by the property's owner of the use of it by its occupier. One key issue is that the absent former spouse must have notice of the property's hostile occupation by the claimant.

 


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