Valley Springs, CA asked in Real Estate Law for California

Q: Could I use adverse possession to get a deadbeat dad that I was not married to off the title to my home?

He has not paid the mortgage or the property taxes since july 2015.

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1 Lawyer Answer
Yelena Gurevich
Yelena Gurevich
Answered
  • Studio City, CA
  • Licensed in California

A: you would want a partition lawsuit, not adverse possession. in a partition lawsuit, you would either buy out the other person on title or the court could order the property sold and equity distributed based on interest. under both scenarios, you would take into account who has paid what over the years and an accounting of who gets what would need to be done.

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