Tampa, FL asked in Real Estate Law for Florida

Q: My fiance just passed away and we were living together do I have the right to stay in his property pls help with answer

I have 2 kids and we've lived with him this whole time and paid the bills together and I can continue to keep them going am I allowed to claim for adverse possession

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2 Lawyer Answers
Jennifer Hanson Copus
Jennifer Hanson Copus
PREMIUM
Answered
  • Fort Walton Beach, FL
  • Licensed in Florida

A: No. Adverse possession requires that you hold title to property "adverse to" the legal, titled owner. Living in the property with the permission and consent of the true owner does not qualify for adverse possession.

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Orlando, FL
  • Licensed in Florida

A: Very sorry for your loss and the passing of your fiance, please accept my condolences at this difficult time.

No, you will likely be removed as part of the probate process once that commences and or is concluded. If you have records of your payments, mortgage, taxes, HOA, etc., you may be able to make a claim against the estate. If there was a Will naming you or if you were added to the Deed, then you have ownership interests there as well potentially. Adverse Possession is not applicable in this instance. In order to get you out, once they get ownership rights, if anyone does, then they can remove you through an eviction, ejectment or similar action, either way you should start to prepare and save money.

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