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  1. #21
    Join Date
    Jun 2018
    Posts
    7

    Default Re: Asking Court for Full Ownership of Rental Property

    A 6 year old judgement she refuses to comply with. I understand the point you're making but how is this much different then something like squatters rights. I think after 7 years if an owner hasnt addressed the issue (kicking you out, asking for compensation, etc ) you can file Return of Real Property in attempt to establish possession. I have had ownership of the property since 2005 and she left Florida in 2010.

    I still think there has to be a chance a court would understand the situation and possibly be favorable since she will not take ownership and will not respond to my questions about it and will not show up to court. I hope you're getting the picture I am painting that she has NO interest in the property since there is no value in it for her. She doesn't want it but will not work with me on it. I guess she figures if she holds out longer it will pay off as the mortgage goes down and value up, but in the meantime.. I'm the one with all the respsonsibilities.

    Yes I could buy her out but was hoping not to go that route. I bought it, I have managed it.. So you can see why I don't want to have to do that.

  2. #22
    Join Date
    Jan 2006
    Posts
    37,629

    Default Re: Asking Court for Full Ownership of Rental Property

    Squatters rights (adverse possession) cannot apply to property you hold title to. Since you always have a right to possess property you hold title to you cannot adversely possess that same property.

    You need to file to ask the court to enforce the divorce judgment.

  3. #23
    Join Date
    Jun 2018
    Posts
    7

    Default Re: Asking Court for Full Ownership of Rental Property

    I wasn't really saying I planned to use a squatters rights arguement. Just that if a squatter can take over a property, I would hope the court would rule along similar lines ina case like mine where I have a vested interested and the other party doesn't and has deserted the property.

    As far as the divorce judgment, at the time of the ruling, I wish she had taken ownership and had me removed. But years later and countless hours and $$$ I want the property and have let her know multiple times she needed to take it over. I am past that now and want her out of the picture so enforceing the oringinal judgement is not my current goal.

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