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My brother paid the property tax on mom's house for over 5 years. Now he is claiming it is his house...
Anonymous7 views4 answers
My brother paid the tax on my mom's house from 2014 to 2019. He lived with mom, but did not pay rent or utilities. In 2017 my mom put the house into a living trust, naming me as POA and in charge of the trust. All children, including my brother, were granted equal shares in the house through the trust. In 2018 my mother was diagnosed with Alzheimer's. She moved out into assisted living in January 2019, and brother's girlfriend moved in.
My brother is now claiming that he is the sole owner of the house because he paid taxes for more than 5 years.
Is this true?
Christopher L MassReal Estate AttorneyLos Angeles, CACA licensed ·
One element of adverse possession is hostile possession under claim of right. Since your brother was given permission to live in the house, that element appears to be missing as you describe.
Robert David DijulioReal Estate AttorneyGlendale, CA ·
The brother is delusional as well as a bum for stealing his mother's house. To have any rights he would have to file and win a lawsuit forvl quie title. Payment of taxes is only one element he has to prove. His biggest hurdle is that a person that enters with permission can never get title. Otherwise, every tenant that is paying the taxes would make the same claim.
Whoever is handling moms affairs should evict the rotten son.
The above answer is correct. Adverse possession means open and notorious possession of an otherwise unclaimed property. It is not designed to benefit a child living in his mother's property who pays property taxes in lieu of rent. When siblings do not agree in a situation like this, I always suggest doing a partition to force the sale of the property and divide the proceeds. Prayers for your mother.
Your brother might be trying to claim adverse possession. However, since he did not have exclusive possession, and the fact that he was "invited" into the home by your mother, would be a defense to his claims. You can also raise the issue of elder abuse as another defense to his claims. Have your mom consult with an attorney to have this issue resolved. The sooner you have it resolved, the better.
