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Adverse Possession if I bought it and paid tax but deed is my son's name

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lightninghand22

Junior Member
What is the name of your state? California

I bought a property 15 years ago and registered the deed under my son's name. I paid for the purchase and have been paying property taxes for 15 years. My son just lived in it and pay utility bills. Nothing else. Can I suit for the adverse possesion and change the deed to my name? I know CA adverse possesion laws require open and hostile use of the property and pay property tax for 5 years. Obviously I did not hostile use the proprety. However, I paid for the property purchase and taxes. Will I win the case?
 


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BelizeBreeze

Senior Member
Your chances are slim and none.

I suggest being very very nice to sonny boy and slipping him a pen to sign a quit claim deed.
 
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seniorjudge

Guest
lightninghand22 said:
What is the name of your state? California

I bought a property 15 years ago and registered the deed under my son's name. I paid for the purchase and have been paying property taxes for 15 years. My son just lived in it and pay utility bills. Nothing else. Can I suit for the adverse possesion and change the deed to my name? I know CA adverse possesion laws require open and hostile use of the property and pay property tax for 5 years. Obviously I did not hostile use the proprety. However, I paid for the property purchase and taxes. Will I win the case?
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You could sue for two counts:

reformation of the deed (or whatever it is called out there)

and

partition (forced sale).


HOWEVER, I doubt that you would win either. Both are equity (i.e., "let justice be done") cases and the judge would want to know WHY you put the deed in son's name to begin with and now all of a sudden you want it back.

My suspicion is that the judge would not like your answer.
 
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shortbus

Member
Partition is only available to concurrent tenants. OP apparently has no present interest in the property.

There is no adverse possession claim.
 
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seniorjudge

Guest
shortbus said:
Partition is only available to concurrent tenants. OP apparently has no present interest in the property.

There is no adverse possession claim.
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OP may have some equitable interest IF he can prove 100% of the allegations he is claiming.

Then again, the court may say, "Hey, nice gift you gave your kid."

In any event, I suspect that (if we knew all the facts here) there may be a couple of dirty hands afoot.... :D
 
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lightninghand22

Junior Member
Thanks to all of you

I still have all the returned checks to prove that I paid for the purchase and taxes, even property insurance of the property. Do these help?
 
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