Legal Question in Real Estate Law in Florida

adverse possession

My name has been on a deed with someone else since 1998. I do not occupy the home. We are estranged. I live in Michigan. How long do I have before adverse possession takes affect and what can I do about it? I was a joint tenant with right of survivorship but she added someone else on the deed. They have mortgaged their half and I'd like to sever my ties with this and have them ''buy me out''. Is it too late? The woman is very sharp with wheeling and deeling and may be waiting to quiet the title unless she already has. When I look in public records under the address is does not show me as an owner but when I look under my name, it shows I am an owner. No, I've not maintained or paid taxes. I was naive to think just because my name was on the deed that I still hold interest.


Asked on 3/04/05, 3:43 pm

2 Answers from Attorneys
Blake Lipman Law Office of Blake P. Lipman

Re: adverse possession

You sound like you need to intercede asap. The joint tenant should not have been able to add a person to the deed or mortgage the property without your express permission. You may need to file a lawsuit for partition and to quiet the title. For more info, please contact my office at (248)851-3171.

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Answered on 3/14/05, 11:14 am
David Slater David P. Slater, Esq.

Re: adverse possession

You can force a sale by an action in partition. The court will determine your share. If your name

is on the filed deed , you are a record owner.

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Answered on 3/05/05, 7:41 am


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