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Daania · Sep 3, 2012, 02:32 PM

I own a House with my exwife and she pass away. Her relitives move in the house And they have been paying the mortgage and taxes for the last three years. I haven't lived in the house sense my exwife pass away.My question is they are trying to take the house away from me. I wanted to know if they can do this? And if so how can I stop Them.

JudyKayTee · Sep 3, 2012, 02:34 PM

Originally Posted by Daania

I own a House with my exwife and she pass away. Her relitives move in the house And they have been paying the morgage and taxes for the last three years. I haven't lived in the house sence my exwife pass away.My question is they are trying to take the house away from me. I wanted to know if they can do this? And if so how can I stop Them.

What are "they" doing to take the property?

Daania · Sep 3, 2012, 02:41 PM

Originally Posted by Daania

I own a House with my exwife and she pass away. Her relitives move in the house And they have been paying the morgage and taxes for the last three years. I haven't lived in the house sence my exwife pass away.My question is they are trying to take the house away from me. I wanted to know if they can do this? And if so how can I stop Them.

@JudyKayTee
They are just living in the house and I haven't receive any court paper. But I know from other members in the family that. That is what they are trying so do.They are trying to say I that I abandant the house which isn't so.

JudyKayTee · Sep 3, 2012, 02:56 PM

Originally Posted by Daania

@JudyKayTee
They are just living in the house and I haven't recieve any court paper. But I know from other members in the family that. That is what they are trying so do.They are trying to say I that I abandant the house which isn't so.

Why are they living there and paying the mortgage and taxes? Were they somehow buying the house from you?

Daania · Sep 3, 2012, 03:24 PM

Okay my wife and myself were separated before she pass away. And no there were no agreement. They just move in after she pass away because of the work situtation . I feel that they went there for financial situtation.

JudyKayTee · Sep 3, 2012, 03:25 PM

Originally Posted by Daania

Okay my wife and myself were separated before she pass away. And no there were no agreement. They just move in after she pass away because of the work situtation . I feel that they went there for financial situtation.

And why didn't you tell them to get out? I don't understand why you allowed their living situation to continue without your permission.

ScottGem · Sep 3, 2012, 05:23 PM

Several things here. First, it is not a good idea to piggyback your post on another thread. So to avoid confusion I've moved your post to its own thread. Second, any question on law needs to include your general locale as laws vary by area. I know you posted this under a thread that referred to NJ, but you didn't indicate if that is where the house is.

We also need to know a lot more before we can help. You say you were legally married when your ex died. And that even though you were separated it wasn't a legal separation. So the question is did she leave a will? Also how was the house titled, as Joint tenants with Survivorship or just In Common?

The next question is what have you being doing for three years? Why haven't you paid the mortgage or taxes? Finally, you say they are trying to take the property from you. What do you mean by this? Have they filed a claim under adverse possession? Has anything been filed in court with respect to ownership.

Answer ALL these questions and then we should be able to advise you.

Fr_Chuck · Sep 3, 2012, 06:03 PM

Agree, who legally owns the house now, how was it owned with your wife, do they have any claim in probate for part ownership at her death.

Have you given them any rental notice, asking for money ( I would do that)
If you want them out, hire an attorney to start eviction proceedings.

There is no such thing really as Squatters rights. There are other ways to claim ownership but this does not fall into any known method.

But you need to be active in this and make sure they know you own it, and that they are renters.

Daania · Sep 3, 2012, 06:23 PM

Originally Posted by ScottGem

Several things here. First, it is not a good idea to piggyback your post on another thread. So to avoid confusion I've moved your post to its own thread. Second, any question on law needs to include your general locale as laws vary by area. I know you posted this under a thread that referred to NJ, but you didn't indicate if that is where the house is.

We also need to know a lot more before we can help. You say you were legally married when your ex died. And that even though you were separated it wasn't a legal separation. So the question is did she leave a will? Also how was the house titled, as Joint tenants with Survivorship or just In Common?

The next question is what have you being doing for three years? Why haven't you paid the mortgage or taxes? Finally, you say they are trying to take the property from you. What do you mean by this? Have they filed a claim under adverse possession? Has anything been filed in court with respect to ownership.

Answer ALL these questions and then we should be able to advise you.

@ Scott Yes the house is in New Jersey. We were legally separated when she died. And no she didn't leave a will. We had joint tenant with survivorship. She lost her apartment and agree to pay the maritage and taxes to live there so she can take of the kids. It was a verbal agreement. Well I went to the house and told her that I wanted to stay for a while and she told me that she was trying to get power of attorney of her sister estate, and told me I can't stay in my own house.No I don't think so because I didn't receive any court papers.

Daania · Sep 3, 2012, 06:31 PM

@ FR Chuck
I own the house with my exwife and we are both on the deed now that she pass away I am the only one on it. No I haven't giving them any rent notice but that is something I will do and I want to thank you for your help.

Daania · Sep 3, 2012, 06:32 PM

@ JudyKayTee
Thank you for all the info. That you giving me.

Daania · Sep 3, 2012, 06:36 PM

@ Scott I want to Thank you for your help also

ScottGem · Sep 3, 2012, 08:17 PM

First, DO NOT give them a rental notice. That legitimizes their occupancy.

Second, you didn't answer all my questions. When did you learn they were living there? Why haven't you paid the mortgage or taxes. What actions have they taken, if any, to claim the property?

I don't think they have a claim under NJ's Adverse possession laws (2A:14-30 to 32).

My recommendation is to first, claim title under your right of survivorship. Once you have your title registered with the county, then send them a notice that they are trespassing and give them one week to clear out or you will prosecute them for trespassing.

They may sue you for all the mortgage payments and taxes they paid. I would take the position that they were not asked to pay and that they received shelter for what they paid.

I would consult with a NJ real estate attorney before taking any actions besides firming up your title.