Legal Question in Wills and Trusts in Virginia
My significant other and I bought a home in his name only. zero down VA. We lived there 6yrs and paid via a join bank account. He passed away. I have lived there and have paid all bills, mortgage, property tax, maintenance, etc. It has been 14 yrs. Now I find my name is not on title. He had no will and we were not married. His parents are deceased. I just learned he has two unmarried adult siblings. Am I better off waiting the 15yrs in VA or trying to get siblings to sign off? If I wait the 15yrs what are the odds of me getting the home? What is process?
1 Answer from Attorneys
You would appear to have all the elements of adverse possession from the time of your significant other's death to the present. If your "it has been 14 yrs." dates from the purchase, you still have another six years to establish adverse possession. If that statement dates from his death, you only have one year. When the adverse possession is complete, you would need to file suit to quiet title, which is to say, have the court determine you are then the owner.
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