Erin, NY asked in Real Estate Law for New York

Q: purchased together before marriage, never put in our names husband left divorced 3 years ago. Who owns the land

Land purchased before marriage. Never put deed in our names. Divorced 3 years ago without mention of propertyin the divorce. ExWife paid taxes last 3 years and occupied the home. Husband just put property deed into his and new wife's name. Told ex wife and 18 year old child they are squatters and to leave. Does the ex wife have any rights now? Can she file adverse possession?

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1 Lawyer Answer
Elaine Shay
Elaine Shay
  • New York, NY
  • Licensed in New York

A: Basically, anyone can file an adverse possession claim but that doesn't mean anything about the likelihood of obtaining a successful judgment. In New York, the standard for an adverse possession claim has evolved but the strength of the claim is heavily dependent on the facts of the situation. Since, you mentioned that the ex-husband only recently put the property into his name, it will also be important to know how ownership was previously held and why the property was recently transferred.

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