Can adverse possession be used to obtain ownership of community property?
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Can adverse possession be used to obtain ownership of community property?
Can the concept of adverse possession apply with community property when after a divorce one ex-spouse is left to pay all taxes and make all mortgage payments on the home? The other ex-spouse leaves the country but is still on the deed.
Asked on September 27, 2011 under Real Estate Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Adverse possession is a legal claim when someone openly, continuously, under claim of right, to the exclusion of al others for five (5) years uses another person's property and pays the property taxes on that property.
If there has been a divorce and the property that is being occupied under the an adverse possession claim is in the name of another person and property taxes are being paid upon it, then there is a possibility that the use of it may ripen into adverse possession absent some agreement of consent by the property's owner of the use of it by its occupier. One key issue is that the absent former spouse must have notice of the property's hostile occupation by the claimant.
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