Adverse Possession

[levidenum]

What is the name of your state? Oregon

My uncle lived with his mother until he was in his 40's moved out for a couple years, then moved back in until she passed away. That was 16 years ago, he still lives in the house. Now his sisters want to kick him out and move in their kids. They never changed the name on the house from my grandma's name to anyone elses name.

My Uncle has been paying property taxes and mainting the property (roof, septic, well repairs) for his entire life. Can he claim adverse possession or anything else to keep his right to live there. They never complained at all until this last year. They want to "sell" the house to one person in the family and split the money between the other siblings. But said that my uncle who has live there pretty much his whole life can not "buy" it because they think he is messy.

It is sad how families can act.

Thanks

 

[Ozark_Sophist]

Was probate ever opened? Did grandma have a will? If siblings were to split proceeds equally, each own 1/nth (n = number of siblings) of house. In order to sell, probate needs to be opened to transfer deed appropriately.

Uncle cannot claim adverse possession because his living there was not adverse and, depending on will/probate, is already an owner of the house.

 

[levidenum]

My grandma did have a will and it was to be split evenly among the six remaining kids. Probate was never opened. They claim they are going to do that now, kick him out and move their kids in. Can they kick him out? Or if they are going to make sure the house stays in the "family" can they tell him that he can not buy it if he has the money?

 

[Some Random Guy]

They can't kick him out until they become owners once the estate is settled.
They do not have to sell their shares of the house to him even if he has the money
Once the ownership is settled, they can begin charging him rent or begin eviction proceedings.

It is possible to force a partition sale of the divided property. But this will take some money and efffort to accomplish.

 

[HuAi]

Once the ownership is settled, they can begin charging him rent or begin eviction proceedings.

Even if he is part owner?

 

[justalayman]

Even if he is part owner?

they just can't charge him for his percentage of ownership