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MMLU / A woman and her husband purchased a home in1982 and recorded the deed as tenants…

Problem

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question

A woman and her husband purchased a home in1982 and recorded the deed as tenants in common. After 10 years of marriage, the couple began experiencing marital difficulties. In 1992, they separated and the husband moved to another state where his family lived. The woman continued to reside in the dwelling. In 1994, the husband quitclaimed his interest in the home to his son, who promptly recorded his deed. In 1995, the couple divorced. In 1996, the woman changed the locks to the home, preventing the son from entering the property, and the woman refused the son's repeated demands to allow him access to the home and property. From 1995 to 2005, the woman paid all the taxes and insurance on the property. She also was responsible for making whatever repairs were necessary. The period of adverse possession in this jurisdiction is 10 years. In 2006, the woman filed suit to quiet title to the home claiming absolute fee simple ownership. The son has countersued asserting that he owns an undivided 50 percent interest in the property. If the court rules in favor of the woman, it will be because

choices

  1. the son will be unjustly enriched, inasmuch as the woman has paid all the taxes, insurance, and made necessary repairs.
  2. the son acquired his interest in the property by quitclaim deed.
  3. the deed from the husband to the son was void for lack of consideration.
  4. the woman obtained the son's interest by adverse possession.

subject

professional_law

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