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Declaration of domicile

 
 
Post: # 494,848
View Profile onyxelle
 
Reply Mon 22 Dec, 2003 05:18 pm
this sounds totally like a very bad thing to have done:

I have a friend who found a foreclosed home that the gov't is owner of. He filed a declaration of domicle and moved in. He has been living there for a month now. He is now seeking the deed to said house.

I have NO knowledge of this (except that people use a declaration of domicile when they've moved to another state).

What do you know about this? My gut feeling is that my friend is in for some big trouble....does anyone know otherwise?
 
Post: # 494,878
View Profile Setanta
 
  1  
Reply Mon 22 Dec, 2003 05:35 pm
I cannot offer you any information, Boss, but i do think you might ask one of the moderators to move this to the legal forum, in which i believe you can get first class advice . . .
0 Replies
 
  1  
Reply Mon 22 Dec, 2003 07:40 pm
Onyxelle- Here is the definition of a Florida Declaration of Domicile:

http://www.registrar.usf.edu/Residency/Definitions.asp#Declaration

Are you saying that this guy moved into a house that didn't belong to him?
How does he expect to get the deed to a house that isn't his?

Unless I am missing something, it sounds like he is living in that house illegally, and could be in BIG trouble!
0 Replies
 
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Reply Mon 22 Dec, 2003 10:36 pm
It varies from state to state. In some New England states, the equivalent of squatters rights is recognized after a certain period of tenure. I've forgotten what the actual legal expression is. Jespah can probably provide it. But I'm not sure whether a decleration of domicile is applicable here. In New Hampshire, for example, the occupancy has to be 'notorious,' in other words known by all as a borderline illegality. Seems to me that filing a declaration of domicile would negate this notoriety.
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Reply Mon 22 Dec, 2003 11:28 pm
I believe the general rule is that one cannot acquire property from the government through adverse possession. If the government holds the deed, it is the owner. As such, your friend can squat on that property until kingdom come: he will never become the owner.
0 Replies
 
Post: # 495,451
View Profile jespah
 
  1  
Reply Tue 23 Dec, 2003 09:45 am
The dude needs to vacate the premises. He's not going to get possession this way. He needs to pay his money like the rest of us. :-D
0 Replies
 
Post: # 497,677
View Profile onyxelle
 
  1  
Reply Fri 26 Dec, 2003 09:47 am
thanks y'all. this pretty much what i was thinking...
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