Legal Question in Real Estate Law in Georgia
I have a friend and her husband that purchased a condo from a private owner 10 years ago. The couple they were buying it from both died.(they had children) Two years later my friends husband died. She was left with no insurance or anything to pay off the condo...but since her husband handled all of the bills...she was in the dark as to what to do. She for the last 10 years has lived on the property, and is paying the taxes and utilities, etc. She does not have title to the property, but could she obtain one since the property was owned outright by the deceased couple and her children never tried to notify my friend. The couple that died owned other properties that the children divided....but, this one evidently was not included. Could she file for adverse possession and get title that way?
1 Answer from Attorneys
You skipped several important steps. If your friend/husband bought the condo what do the deceased seller's children have to do with it now? How could the condo be part of what was divided when the sellers died since they did not own it anymore? Was there a loan, and was your friend making payments? Unless you can tell us the chain of title and exactly what happened from a legal perspective, it is nearly impossible to give you much of a response. That said, if your friend never had title, adverse possession is 20 years. Your friend should see a lawyer to go over this - it is long overdue.