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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42828
Experience:  Texas Attorney for 30 years dealing in real estate
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My husband is deceased now 13 years. We were engaged to be

Customer Question

My husband is deceased now 13 years. We were engaged to be married when he purchased a parcel of land for our house to be built and a few months later we were married but his name is ***** ***** name on the deed. I have been paying the taxes on the property for the last 13 years and want my name on the deed. What do I have to do?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ray replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Here in Florida the period of time for adverse possession must be at least 7 years if the person doesn't have anything like a deed to back up their claim of ownership (Florida Code §95.16-.18.) along with the payment of all the property taxes on the property.
You claim real estate through adverse possession, you must claim the land through open, notorious, continuous and hostile possession to the actual legal owner. This basically means that the adverse possessor has to be actively possessing and using the property for the statutory period in FL, which is 7 years. Further, they have to notify the property appraiser of their claim in writing that they are making on the land.
Once someone meets that 7 year deadline and the other requirements, they can then file a lawsuit called a "quiet title" action against the record owner and, assuming they can prove that they have used and occupied the property for 7 years and have paid all taxes, the judge would issue an order top you hat you are the legal owners of the property at that point.
You will need a local lawyer to file a suit to quiet title and to have court award you legal title in this situation.You appear to have met the terms of the law to do so.
Lawyer referral plug in your city here to locate one..
This is your remedy to gain legal title through the courts.The orders serve as the deed to give you cleat title to the property here in Florida.
I appreciate the chance to help you today.Please let me know if you have m roe follow up.Thanks again.