Q: Im seeking to get ownership through adverse possession. The owner to the home (my great aunt) died over 20 years ago.
I’ve been living in the home consecutively for the last 12 years, and have made improvements to the home as well as all utilities are in my name. However when it comes to the taxes I would give a family member the money to pay them for me -whom last year became the administrator over the estate and basically denied my claims of payment for taxes when the house was put up for probate last year and is to be sold -However I’m still occupying the home an I’m also one of the beneficiary’s to the estate. Is there a way I can still claim the property so that me and my children aren’t homeless ? We have been here their entire lives!
A:
In California, to claim ownership of a property through adverse possession, you must meet specific criteria, including possessing the property openly and notoriously, exclusively, continuously for a period of five years, and paying the property taxes during that time. Given that you've lived in the home for 12 years and made improvements, you might have a basis for such a claim, especially if you can prove you've effectively paid the taxes, even indirectly through a family member.
However, the complexity arises with the property being part of an estate and undergoing probate, coupled with your status as a beneficiary. This situation requires careful navigation, as your relationship to the estate and the administrator's denial of your contributions to tax payments complicates your claim. Documentation of your residency, improvements made to the property, and evidence of tax payments, even if indirect, will be crucial.
Considering the potential for homelessness and the impact on your children, it's vital to address this matter promptly. Engage with a legal representative familiar with real estate and probate law to explore your options and protect your interests. Your case may require negotiating with the estate's administrator or pursuing legal action to assert your claim of adverse possession or seek an equitable resolution within the probate process.
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