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My dad died in 2012 without a will. He owned a property that he purchased before he married my step mother. She asked my sister and I if she could be allowed to continue live in the house since she pays the taxes and if she decides to sell she would give us a portion. I read somewhere that if she lives in the house for 5 years and pays the taxes for 5 years that she could gain title to the house. Is this correct?
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Hi,
What you are referring to is a legal concept called adverse possession. In order to for someone to gain title through this process the claim also has to be hostile to that of the owner of the property. If you and your sister are going to allow your step mother to live in the property you should definitely have a contract prepared setting forth the agreement, that way you will be assured that she won't be able to successfully bring a claim for adverse possession down the line.
Let me know if you have any further questions or would like my assistance.
Thanks,Jon
Answered on May 28th, 2015 at 11:01 AM