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EDlaw

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  1. I just got off the phone with a local real estate attorney and explained the situation and the possibility of adverse possession. He claims to be knowledgeable on the topic of adverse possession and thinks it can be applied to my situation pretty successfully as long as I can provide data showing I have paid the property taxes for 5 years and have lived on the property as well during the time frame. I will read through your links though to see if I can find anything helpful
  2. I have dug this up off of google... "In all states there are statutes allowing adverse possession of real property where if a person openly, notoriously, under claim of right without interruption for a period of at least five years occupies a piece of property and excludes all others, and pays the property taxes for the five year period can end up owning the property by way of adverse possession. After the five year period has run, the person doing the acts to constitute adverse possession would file a lawsuit against the owner of record to have the court declare that the former owner has lost title to the property. If the judge or jury agrees, then a judgment is entered and recorded on the property transferring legal title from the former owner to the new owner." Does this seem like it could possibly fit my situation?
  3. Yes, it is an individual... Female Does the rental value argument become null and void seeing as the property is a living residence for the 3 children in common and it is not an investment property? What is the legal definition of abandonment? I would think that not having any financial contribution to a property for 5 years is as close to abandonment as you can get. change the scenario a bit and say I also stopped paying towards the property the same time my ex did, wouldn't that be considered abandonment? Just because I continue to pay towards the property shouldn't change the definition of my ex's actions. I am just wondering if there is any situation that would erase all equity claim to my ex. by my calculation they should get 20% equity claim minus $30,000 payment towards me, but best case scenario would be that I would be awarded 100% equity claim to the property. No lawyer yet and my ex filed the action
  4. Hello, I was hoping to gain some answers to a few question I have about a pending Partition of a home in Arizona. The home was purchased in 2009 by myself and the other party. At the time, we were together (but never married) and have 3 children in common. In 2013 our relationship ended and the other party moved out of the home, myself and the children in common stayed in the home. I have been in the home ever since and have taken on 100% responsibility for paying the mortgage, interest on the loan, taxes, and other house related expenses. Over the years we have tried to come to an agreement to remove the other parties name from the home, but plans were never followed through with. Here we are and the court process has started to partition the home. The other party is claiming that they want the house sold and to receive 50% of the profit from the sale, stating they have a 50% equity claim to the home since the paperwork states it is a joint tenancy with rights of survivor ship. I am making the argument that the equity is not 50/50 and should be calculated based on the individuals actual contribution to the home. Simply put, during 2009 - 2013 contributions were 50/50 since we both held jobs and contributed to the home/family. However, from 2013 - current I should have claim to 100% of the contributions to the home since the other party has not paid a dime towards the property (or lived in the home) for nearly 5 years. my rough calculations equate to an 80/20 equity split in my favor (purely based on principal paid towards the home) On top of that I then would argue that, for the last 5 years, I have also paid 100% of the interest on the home loan that the other party is 50% responsible for since their name is on the loan (same argument with taxes). This would result in the other party owing me roughly $30,000 that should be paid to me from their proceeds of profit based on their 20% equity claim. I would even think that the fact that the other party has actually married since our split and their spouse has purchased a home, coupled with the fact that they essentially abandoned the home 5 years ago could break the joint tenancy "rules" and I could claim 100% ownership of the home. I was hoping someone had experience with a Partition of property in Arizona and could give some insight if my logic makes sense.
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