What can I do to claim adverse possession?
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What can I do to claim adverse possession?
My husband’s ex wife is trying to sell
and evict us from the house we currently
live in. The house is under her name but
in divorce she did not claim the
property and he paid for most of it.
Asked on February 1, 2019 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
To claim adverse posession in the situation you describe, you would have to have lived there for 10 years without her permission to do so. Less time than that, or if for some of that 10 year period, whomever was there had the permission of the person in whose name the home is titled, and you have no case for adverse possession.
Paying for the property is irrelevant if it's in her name: who paid does not affect ownership. If you husband paid most of the cost, he should have made sure his name was on the title.
If you don't meet the requirements to claim adverse possession, she will be abe to evict or remove you; the law is clear that you have no right to live in another's home once she wants you out, and if it is titled in her name, it is her home and she decides who may live there.
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