Proving Ownership of a Home Even When There’s No Deed

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Proof of ownership, occupancy and more
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The easiest way to prove ownership of a house is with a property deed that has your name on it—but it isn't always that easy. If the property has been in your family for generations, documents might have gone missing. Or, in the event of a natural disaster, documents might be destroyed or unavailable. Read on to find out everything you need to know about how to prove you own real estate or real property. You'll also find out how to prove occupancy as well if you're trying to apply for disaster relief.

Proof of Home Ownership

A signed deed with your name on it is the clearest proof of home ownership. If you don't have your copy, you can typically get one from the county recorder's office. If a deed just isn't available, other documents, such as a homeowner's insurance policy, property tax receipts, or mortgage payment records, can help support your claim.

Section 1 of 3:

Documents to Prove Home Ownership

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  1. A deed with your name on it is the easiest and most straightforward way to prove ownership of real property. Because these documents are filed in the recorder's office of the county where the property is located, you can often still access it even if you've lost your own copy. [1]
    • If the recorder's office was damaged or destroyed in a natural disaster, contact your state government for more information on how to search property records .
  2. Even without a deed, if you have a copy of any of the paperwork you signed when you bought the house, that can at least show that you owned the home at some point. Just keep in mind that it's not necessarily definitive proof that you still own the house.
    • As long as there's no one challenging your ownership of the property, purchase contracts are typically enough to prove ownership. It's better if you can combine them with other documents, such as receipts for property tax payments or a homeowner's insurance policy.
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  3. Most places still consider mobile homes personal property rather than real estate, which means you'll have a title for it—just like you would for a motor vehicle—rather than a deed. [2]
    • The certificate of title for a mobile home doesn't prove that you have any ownership or occupancy rights to the land underneath the mobile home, just that you own the structure itself.
  4. You don't have to be the record owner of a piece of real estate to pay the property taxes on it—but in practice, most people aren't going to pay taxes on a property they don't own. If you've been paying property taxes regularly for the same house for several years, that can definitely be evidence that you own the property. [3]
    • The best part about this is that if you don't have your own records, they'll have records at your county tax assessor's office. Those records typically list the name of the person making the payment, so as long as you were the one paying your property taxes, you're all good!
    • If your property taxes were paid through your mortgage company, a combination of mortgage records and property tax records should do the trick to show your ownership.
  5. As with property taxes, it's highly unlikely that someone would be making mortgage payments on a house that wasn't theirs, which makes this a pretty convincing way to prove you own a property. And even if you've lost your personal records of mortgage payments, you can guarantee that the mortgage company still has them.
    • If the mortgage is in your name, that provides even additional proof of ownership because the lender would have done due diligence to determine that you were the rightful owner of the property before issuing the mortgage.
  6. Regardless of whether you still have an active mortgage on the property, you likely carry homeowner's insurance to protect your investment and limit liability losses. The insurance company has records of your policy and all the payments you've made. [4]
    • Since insurance companies typically verify property ownership before issuing a policy, this serves as additional proof of ownership if the policy is in your name.
    • Additionally, it's highly unlikely that anyone would be continually paying homeowner's insurance premiums for a house they didn't own.
  7. In certain disaster situations, you might be able to get a mobile home park manager, community manager, or similar official to swear out an affidavit stating that you were the owner of the property. This affidavit is stronger proof if the person would have obvious reason to know that you were the owner of the property in question. [5]
    • This document carries a lot more weight if you have some other evidence that you own the property, such as property tax receipts or a homeowner's insurance policy.
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Section 2 of 3:

Documents to Prove Occupancy

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  1. Most basic identification documents, such as state-issued driver's licenses, include the address of your primary residence. While this doesn't necessarily say anything about whether you own the property, it's strong evidence that you live there. [6]
    • Keep in mind that if you were the victim of a natural disaster, you might have to prove both ownership and occupancy to be eligible for some types of aid.
  2. If you bought appliances or anything related to home repairs or improvements, your name and address might be on those documents. Any court papers or other legal documents are also likely to have your name and address. [7]
    • It's usually better if these documents or more recent—say, less than a year old—or if you can provide a series of documents going back years that show the same name and address.
    • The other good thing about using these kinds of documents is that there's likely to be a copy of them somewhere else if yours is lost or destroyed. For example, court documents would be filed at the courthouse.
  3. Bills for water or electricity in your name at the address are really strong evidence that you live there. Even better, if you've lost your own copies, the utility company can usually get copies for you. Just call and ask for an account history or transaction record. [8]
    • If you download copies of your statements online, make sure you download a copy of the printed bill that has your name and address on it, not just the online version.
    • Since virtually anyone can start utilities at an address, utility bills are never proof of ownership—but they're solid evidence that you live there.
    • Even if the utilities aren't in your name, you can still prove occupancy as long as you can demonstrate your relationship to the person who turned on the utilities.
  4. It's generally accepted that you live at an address if you gave that address out to businesses and organizations to communicate with you. Any sorts of bills or statements with your name and address on them are sufficient.
    • Mail provides better evidence if it is generated in the course of business, such as a credit card statement or a delivery notice.
    • Anything marketing-related or that says something such as "or current resident" under your name won't work to establish occupancy.
  5. If all else fails, an official or authority figure in your community can swear out an affidavit stating that you occupied the house in question. Because they're essentially vouching for you personally, they might be contacted about the affidavit after you've submitted it. [9]
    • This is considered the weakest form of proof and may not be accepted by some relief organizations or government agencies. If you can, get some other documents that can help back it up.
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Section 3 of 3:

Removing Squatters

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  1. If the squatters have only recently taken up residence at a property you own, you might be able to get them charged with criminal trespass. This option is great because it doesn't require too much effort on your part. [10]
    • Some jurisdictions have a form you can fill out. You might need to come to court as a witness, but you're usually not expected to show up since you can prove ownership through documentation.
    • If you get the squatters removed as trespassers, you might also be able to sue them in civil court for damages—although typically, someone who's squatting in an unoccupied building isn't going to have much you can sue them for.
  2. While the specifics vary among states, typically you start by writing an eviction letter and getting a sheriff's deputy to serve the squatters with the letter. Once this notice is received, they have a deadline to leave the property—unless they decide they want to challenge the eviction. [11]
    • As strange as it may sound, if people live in a house for an extended period of time, they may acquire the same rights as tenants—even if they entered illegally and have never paid you any rent. This gives them some rights to occupy the property until you can get a court order throwing them out.
    • There are plenty of free forms you can find online to use for eviction. Just make sure the form you use is valid in your area. The best thing to do is check on the website of the court where you plan to file for eviction.
  3. If the squatters stay in the house after the deadline on the eviction notice, a judge will have to find that you own the property and that the squatters are there illegally. With that court order in hand, you can get a sheriff's deputy to forcibly remove the squatters. [12]
    • In court, you typically need a deed or similar proof of ownership of the property to prove that you have the right to remove the squatters.
  4. Once you've gone through the time-consuming and stressful process of evicting squatters, make sure it doesn't happen again. If you own vacant property or unoccupied homes, check them regularly to make sure no one has set up residence. The sooner you have them removed, the easier the process will be.
    • If you catch a squatter quickly, you can often have the police remove them as trespassers without having to go through the whole court process.
    • You might also make the property less attractive to potential squatters. Keep weeds and brush clear, install motion-sensitive lights, and place security cameras around entry points.
    • While it is technically possible for squatters to acquire a legal right to live on a property by squatting there, in practice it rarely happens. In most states, squatters have to live in a place continually for at least 15 years. [13]
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      • Real property ownership in the United States typically means that you own a parcel of land and anything built on it. [14] Sometimes these rights are separated, such as if you own a condominium, town home, or apartment. But the potential ways to prove ownership remain the same.
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      Warnings

      • This article discusses how to prove ownership of a house in the United States. Other countries might have different rules or accept different documents as proof of property ownership. Contact an attorney near you who specializes in property law for more information.
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      References

      1. ↑ https://www.boe.ca.gov/proptaxes/pdf/Ownership_DeedRecording.pdf
      2. ↑ https://www.fema.gov/assistance/individual/after-applying/verifying-home-ownership-occupancy#ownership
      3. ↑ https://www.aacounty.org/finance/tax-information/real-property-tax
      4. ↑ https://www.fema.gov/assistance/individual/after-applying/verifying-home-ownership-occupancy#ownership
      5. ↑ https://www.fema.gov/assistance/individual/after-applying/verifying-home-ownership-occupancy#ownership
      6. ↑ https://www.fema.gov/fact-sheet/providing-proof-occupancy
      7. ↑ https://www.fema.gov/assistance/individual/after-applying/verifying-home-ownership-occupancy#occupancy
      8. ↑ https://www.fema.gov/assistance/individual/after-applying/verifying-home-ownership-occupancy#occupancy
      9. ↑ https://www.fema.gov/fact-sheet/providing-proof-occupancy
      1. ↑ https://clark.wa.gov/law-library/squatters
      2. ↑ https://www.peoples-law.org/house-guest-or-squatter-refuses-leave
      3. ↑ https://www.peoples-law.org/house-guest-or-squatter-refuses-leave
      4. ↑ https://www.mml.org/resources/sample_docs/ordinances/blight/toolkits-and-reports/MVPC-MichiganCommunitiesSquattingFINAL.pdf
      5. ↑ https://www.law.cornell.edu/wex/real_property

      About This Article

      Article Summary X

      If you need to prove ownership of a house, there are a handful of documents that can help you make your case. The easiest way is to provide a copy of the deed to the property, which is located in the recorder’s office of the county where your property is located. If you’re trying to receive disaster relief and the recorder’s office was destroyed, contact your state government for help. Alternatively, gather property tax receipts from your personal records or the county tax assessor’s office. While these don’t prove direct ownership, showing that you have paid property taxes on the same house for several years could be enough evidence. If you have a mobile home, look for your certificate of title, as mobile homes are usually considered personal property rather than real estate. For more help from our Legal co-author, like how to prove occupancy if you can't provide proof of ownership, read on.

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