Squatter's Rights in California?

[sheri Mayo]

What is the name of your state? California

My father died apx 2 years ago. He had no will. My brother and I are the only surviving childred, ( both in our 30s). There was a 20 year old civil judgement against him that has grown to apx $450,000 with interest. My brother and I have lived on a piece of property that belonged to my father our entire lives. I was told by a probate attorney that because the judgement amount exceeds the value of his estate, the property, (and everything else) will have to be turned over to the man with the judgement. I have not signed anything even though his attorney keeps hounding me to do so. I was told yesterday by a realtor that I have squatter's rights and as long as I don't sign the property over there is nothing they can do to make me move. Does this sound possible to anyone?

 

[justalayman]

No, it doesn't sound possible. Adverse possession time only counts when it is adverse to the owners intent.

Seeing it was your fathers property, I presume you had permission to live there therefore, no adverse possesion claim.

The time since his death would not count because of the situation but even if it would 2 years is not enough time to claim AP.

I would look into the possibility of the statute of limitations having run on the judgement. I believe california has a 10 year SoL for judgements ans it can be renewed. I do not know if it can be renewed more than once though. If it can't, then 20 years would be the max time it could be collected.

Something to look in to.

 

[seniorjudge]

How can a 20 year old civil judgment still be good?

 

[CourtClerk]

No, it doesn't sound possible. Adverse possession time only counts when it is adverse to the owners intent.

Seeing it was your fathers property, I presume you had permission to live there therefore, no adverse possesion claim.

The time since his death would not count because of the situation but even if it would 2 years is not enough time to claim AP.

I would look into the possibility of the statute of limitations having run on the judgement. I believe california has a 10 year SoL for judgements ans it can be renewed. I do not know if it can be renewed more than once though. If it can't, then 20 years would be the max time it could be collected.

Something to look in to.

This is correct and a judgment canNOT be renewed more than once... so 20 years is all you get.

 

[garrula lingua]

I know child support judgments and criminal law restitution judgments can be renewed/enforced beyond 20 years.

I haven't worked with Enforcement of Judgments in CA, but I believe you can renew other judgments again, after 20 years. I haven't researched - just a vague memory ...

 

[garrula lingua]

The code section isn't well-written, but judgments are renewable for more than one ten-year period:

683.120. (a) The judgment creditor may renew a judgment by filing
an application for renewal of the judgment with the court in which
the judgment was entered.
(b) Except as otherwise provided in this article, the filing of
the application renews the judgment in the amount determined under
Section 683.150 and extends the period of enforceability of the
judgment as renewed for a period of 10 years from the date the
application is filed.
(c) In the case of a money judgment payable in installments, for
the purposes of enforcement and of any later renewal, the amount of
the judgment as renewed shall be treated as a lump-sum money judgment
entered on the date the application is filed.


683.130. (a) In the case of a lump-sum money judgment or a judgment
for possession or sale of property, the application for renewal of
the judgment may be filed at any time before the expiration of the
10-year period of enforceability provided by Section 683.020 or, if
the judgment is a renewed judgment, at any time before the expiration
of the 10-year period of enforceability of the renewed judgment
provided by Section 683.120. (b) In the case of a money judgment payable in installments, the application for renewal of the judgment may be filed:
(1) If the judgment has not previously been renewed, at any time
as to past due amounts that at the time of filing are not barred by
the expiration of the 10-year period of enforceability provided by
Sections 683.020 and 683.030.
(2) If the judgment has previously been renewed, within the time
specified by subdivision (a) as to the amount of the judgment as
previously renewed and, as to any past due amounts that became due
and payable after the previous renewal, at any time before the
expiration of the 10-year period of enforceability provided by
Sections 683.020 and 683.030

 

[justalayman]

well, with no further research on my part, I would have to say GL has provided suggestive support that the judgment can be renewed. As well, without knowing what the judgment was for, it may be looked at differently and may be no non-extinguishable judgment.

So, it looks like you will most likely be losing the property sheri Mayo.

btw; a realtor: would that be a Realtor® or real estate agent? Not that it makes any difference to anybody other than the Realtors Association® who may be concerned with one of their members providing legal advice, which they are not allowed to do, both because of their agreement with the NAR and by state law.
If merely a real estate agent, they would be limited by state law only to not provide legal advice.