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  1. #1
    Join Date
    Mar 2008
    Posts
    1

    Default Adverse Possession of the House You Live In

    Can my mother-in-law claim adverse possession?

    The parents are both deceased and with no will. There are of total of 4 children. one is diceased and has her 2 children still living. Ok, my mother in law has lived in the house since the 6th grade. her siblings all moved out and went their own ways. Her father told her that he wanted her to have the house because she was the only one that was not married and did not have her own house. While he was in the hospital and there was nothing more they could do he signed papers(possibly power of attorney) and signed it all over to her to handle. since both of her parents have passed away she has paid all bills in the house herself and recently remodeled by herself. She raised her family in this house and her brothers have never said it was not her house. They others have never helped financially at all. Can she claim adverse posession?

    She recently recieved a letter from a lawyer in her fathers name stating that there is a lien on the house.

    My motherinlaw is wanting to get an equity loan and pay off the taxes and upgrade parts of the house. She cant do it unless they all sign the deed of trust. because they dont want to make payments. They dont want to help her pay the back taxes that were starting from when her father still owned the house. They also dont want to sign a quit deed so that she can put it in her name and get the loan herself. What could be done about this?

    Also, is it true that if she wants to sell the house she can? Without their consent. And if they dont want to sign it over to a new owner then she could file a partitian suit? If she can sell and the money is divided among them can she also get repaid for any upkeeping and utilities paid. (Could they come up with a total and she get her portion that she payed in their behalf?)

  2. #2

    Default Re: Adverse Possession

    In order for the house to be transferred someone will have to open probate on her father's estate. The others can decline the inheritance and it will go to her.

    Someone needs to investigate the amount and validity of the lein. If no payments have been made for some time it could exceed the value of the property.

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