How do I have obtain a title under adverse possession?

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How do I have obtain a title under adverse possession?

My boyfriend died 3 years ago and I still remain in the home we had for each other. My name was never on the title. If I remain here and continue to pay the taxes and the upkeep on the home, can I eventually get a title under adverse possession?

Asked on October 18, 2010 under Real Estate Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Adverse possession is VERY hard to establish.  It appears that if you stay in the home for 15 years, openly living there and claiming it as your own, you may be able to get it by adverse possession. The problem is that living there under someone else's right or permission doesn't count. So if you boyfriend had allowed you to live with him, and as far as the state (taxes), bank (any mortgage), and utilities, etc. are concerned, it's still him living there, that would not constitute adverse possession, since you would not be claiming it as it your own--you're basically still living there under your boyfriend's claim or ownership. Since the odds are strong you will not be able to establish adverse possession, whatever you put into the home, you may not end up getting the benefit of. You should discuss your situation with a real estate attorney to double check if perhaps your situation would permit you to claim by adverse possession or give you any other recourse.


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