Legal Question in Real Estate Law in New York

Re: adverse possession

Adverse possession would not apply in favor of a record owner; the doctrine describes a statute of limitations prescribing a time period within which an owner must bring an action against another who is occupying or possessing property in a manner that is adverse and hostile to the owner's interest. Feel free to call our office if you wish to discuss this matter further.

Re: adverse possession

Nope. You cannot do anything unilaterally, concerning your Ex's 1/2 interest and title to the property. And, You cannot hold in "Adverse Possession" property owned jointly with another.

Please be advised that, since your Divorce, the property you owned with your Ex, As "Tenants by the Entirety" was "converted," by operation of law, to Tenants In Common. Which means that you both still own a 1/2 interest to the property.

Therefore, Your Ex, or the Court, needs to transfer title to you alone, via a Deed, in a form that can be recorded, if that is what you want.

Your Ex may want and be entitled to compensation, for the transfer. So, be prepared to make her an offer. Also, you should be prepared to present a written financial accounting or statement of the property particulars, covering the last ten years. Costs to you, for comparable housing, had you not continued to reside in the "marital" premises, may also need to be calculated and considered.

If your Ex refuses to transfer title and you cannot otherwise agree about your respective equities in the premises, you will need to return to Court, for a Court Order Directing the Transfer of title via a Deed, to you, for recording.

Good luck,