Legal Question in Real Estate Law in California

Property Taxes and Legal Right

My in-laws own a home in which their son in law and daughter live with them and they (son in law and daughter) have been paying their (in-laws) property taxes. Can they claim any legal right to the property upon their death or otherwise?


Asked on 1/19/09, 9:09 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Property Taxes and Legal Right

Not on the basis of having paid the property taxes.

You may be thinking of payment of property taxes as one of the requirements (in California) for obtaining title by adverse possession. Here, there is no adverse possession for a bunch of reasons, including the lack of legal adversity. The possession of a tenant, guest, etc. is simply not adverse; it is permissive.

The son-in-law and daughter, especially the daughter, may inherit an interest upon the in-laws death(s), either by will, under a trust, or by the laws of intestate succession, but the payment of property taxes will have nothing to do with it.

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Answered on 1/20/09, 12:37 pm


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