Legal Question in Real Estate Law in California

I bought a home over 30 yrs ago and and moved it onto my moms land. Ive been living there ever since. I pay the taxes everything. Recently, my new wife and mom have had a falling out. She has threatened to evict me because of it. Can she do that ?


Asked on 12/21/13, 4:35 pm

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

Yes

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Answered on 12/21/13, 4:49 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Whoa! I'm not so sure that she can. If you have been living there for 30 years and have paid all the taxes, you may have a case for adverse possession. You may have a case based on the principle of equitable estoppel, as in the landmark California Supreme Court case of Monarco v. Lo Greco. What kind of an agreement did you have? It doesn't necessarily have to be in writing nor does it even really need to have been spelled out in full orally. Courts often can tailor legal judgments to give the parties a fair and just result even when there have been some omissions to carry out technical details on paper. I'm not saying you have a perfect case, or even a solid one, but on the other hand, you might well have defenses to an eviction attempt.

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Answered on 12/21/13, 7:03 pm


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