adverse possession

[abubobby]

What is the name of your state (only U.S. law)? VA
claim adverse possession living in childhood home of wife for last 15 yrs rent free? father in law passes. mother in law is hauled into court hearing by another Daughter to have her declared mentally incompetent . independent guarding/conservator is assigned by court order and guardian is has sent us a letter declaring notice to vacate in 30 days. We are wondering if our family of 4 (two boys 4yrs and 8yrs) can claim adverse possession as a defense? if not why not?

 

[latigo]

What is the name of your state (only U.S. law)? VA
claim adverse possession living in childhood home of wife for last 15 yrs rent free? father in law passes. mother in law is hauled into court hearing by another Daughter to have her declared mentally incompetent . independent guarding/conservator is assigned by court order and guardian is has sent us a letter declaring notice to vacate in 30 days. We are wondering if our family of 4 (two boys 4yrs and 8yrs) can claim adverse possession as a defense? if not why not?

NO!

Why no?

For one thing because of Virginia Code Section 8.01-237. Which because of her incapacity gives your mother in law (whom you have been sponging upon) and or her guardian and or the administrator of her estate not 15 years to reclaim and have you ejected, BUT 25 YEARS from the date you falsely claim to have adversely possessed the home.

Furthermore, your possession of the property must have been open, notorious, hostile and contrary to the owner’s rights and interests. Plus the occupancy must have been exclusive with no one else using the property during the time period involved.

Your family has been occupying the property at the pleasure of your wife's mother and in your own words "rent free". That expression “rent free” completely dispels any notion that you were living there under a claim of title and hostile to the owner.

You better try another gambit. This one won’t hold water.

 

[nextwife]

If you've been rent or mortgage free for fifteen YEARS, surely you have acquired a nice nest egg to use for your next home.

AS stated, your's was NOT "adverse possession". If MIL needs institutional care, it must be paid for. And her assets must pay for it. You likely need to vacate so her residence can be sold. Don't wish to MOVE, use some of that rent money you did not need to spend and make an offer to buy the house at fair market (or better) and get a loan commitment to do so. MAYBE her financial guardian will agree to a fast sale at a good price.

 

[justalayman]

claim adverse possession living in childhood home of wife for last 15 yrs rent free? father in law passes. mother in law is hauled into court hearing by another Daughter to have her declared mentally incompetent

In addition to what the others have stated, it would appear you were there by permission for at least some amount of the time which shoots a claim of adverse possession squarely in the ass.

You fail to meet the requirements of AP for so many reasons, it simply is not a possibility.

Time to learn how to support yourself.