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I have a friend that has been paying my county taxes for my…

Customer Question
I have a friend...

I have a friend that has been paying my county taxes for my in Los Angesle for 5 years but I give him the money now he is claiming that he owns my house can he do that

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California los angeles

Lawyer's Assistant: Has any paperwork been filed?

I got a notice from a lawyer today stating that he is claiming 50% of the house and I would need to buy him out that he would be reimbursed for the legal fees and he has lived there rent free for 5 years

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That he was once my boyfriend. I won an adverse posession on this house. He helped me by lending me money and now he is claiming that money was his buy in he is harassing me and keeping my dogs this is all because I did not want to be with him so now he knows I have no money to fight him so he is strong arming me when he has no claim or does he

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
12/1/2017
Real Estate Lawyer: Barrister, Lawyer replied 7 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,611
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Did you give him permission to live there?

.

Or did he just move in and begin to pay the taxes on the property?

.

.

thanks

Barrister

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Customer reply replied 7 months ago
I gave him permission to live there. I asked him for rent and he told me he was paying himself back the money he lent me for back taxes. I had my nephews move in to pay for the lawyer fees for the adverse passion and the new taxes - which he offered to take that cash and pay. Now he is stating that he paid it all himself and is asking for me to sell the house and give him 475,000 plus 70,000 legal fees and back maintenance. He DID NOTHING! I have been working my ass off to pay and do all the maintenance myself. I have rented the downstairs to tenants so I could pay the taxes today and I tried to and he opened my mail and paid it himself before I could then I got an email from an attorney today
Customer reply replied 7 months ago
I'm sorry I can't afford to call. I know 60 dollars is not a lot to get legal advise it is for me right now as I did not expect any of this
Real Estate Lawyer: Barrister, Lawyer replied 7 months ago

Ok, then that defeats an adverse possession claim.... The possession has to be "adverse", i.e. hostile, in order to claim it.. If you gave permission, it is permissive use, not adverse..

.

But you are still going to have to fight this in court if he files a Quiet Title lawsuit against you and tries to lie and claim adverse possession.

.

However, an email from an attorney means nothing... Unless they actually file suit, they are just barking. But I would respond in writing to the attorney and state that the use was always with your permission so he is simply lying if he is claiming adverse possession and you have the nephews to testify to that..

.

.

thanks

Barrister

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Customer reply replied 7 months ago
Oh I am sorry to confuse you (as confused as I am) I won and adverse possession case on this property 5 years ago. Now he is claiming that he is 50% owner to that win. He did lend me the money for the back taxes at that point for 64,000 and he did come with me to the lawyers but the case was in my name and since he felt entitled to his 50 % he moved in and never paid rent or did anything. I am a television producer that is always on the road. So he is stating that I never lived there even thought I have all my stuff there and my dogs too
Real Estate Lawyer: Barrister, Lawyer replied 7 months ago

Ok, then at best he has a claim against you for repayment of the loan that he made to you for the property and could file a lawsuit under a breach of contract claim if you were supposed to repay him but haven't..

.

But your comments about him paying the taxes for the last 5 years and now wanting to claim ownership is what the legal requirements are in CA for adverse possession.. So that is where he is coming up with the idea that he can now claim ownership of the property.. If you actually got the property through adverse possession then you probably already know this.. All it takes is paying the taxes for 5 years straight and solely occupying a property without permission from the legal owner..

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Customer reply replied 7 months ago
Solely occupying is interesting because he lives there full time but I have the key and all of my stuff there including my dogs. I am currently on assignment in Phoenix and he is stating that when this was going down I was living in NY but I was working in NY.. does that make a difference
I had an apartment in NY and I currently have an apartment in Phoenix
Real Estate Lawyer: Barrister, Lawyer replied 7 months ago
If you were actually living there with him even just on and off then that defeats his claim of adverse possession because he doesn't have sole use and possession of the property which is one of the elements that must be satisfied for an adverse possession claim
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Real Estate Lawyer: Barrister, Lawyer replied 7 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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