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.
Steps
Removing Squatters
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Call the local police to have squatters removed as trespassers. 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] X Research source
- 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.
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Serve an eviction notice if you can't remove them as trespassers. 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] X Research source
- 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.
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Go to court to get the squatters forcibly removed. 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] X Research source
- 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.
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Visit any property you own at least once a year to check for squatters. 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] X Research source
Expert Q&A
Video
Tips
- Real property ownership in the United States typically means that you own a parcel of land and anything built on it. [14] X Research source 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.Thanks
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.Thanks
References
- ↑ https://www.boe.ca.gov/proptaxes/pdf/Ownership_DeedRecording.pdf
- ↑ https://www.fema.gov/assistance/individual/after-applying/verifying-home-ownership-occupancy#ownership
- ↑ https://www.aacounty.org/finance/tax-information/real-property-tax
- ↑ https://www.fema.gov/assistance/individual/after-applying/verifying-home-ownership-occupancy#ownership
- ↑ https://www.fema.gov/assistance/individual/after-applying/verifying-home-ownership-occupancy#ownership
- ↑ https://www.fema.gov/fact-sheet/providing-proof-occupancy
- ↑ https://www.fema.gov/assistance/individual/after-applying/verifying-home-ownership-occupancy#occupancy
- ↑ https://www.fema.gov/assistance/individual/after-applying/verifying-home-ownership-occupancy#occupancy
- ↑ https://www.fema.gov/fact-sheet/providing-proof-occupancy
- ↑ https://clark.wa.gov/law-library/squatters
- ↑ https://www.peoples-law.org/house-guest-or-squatter-refuses-leave
- ↑ https://www.peoples-law.org/house-guest-or-squatter-refuses-leave
- ↑ https://www.mml.org/resources/sample_docs/ordinances/blight/toolkits-and-reports/MVPC-MichiganCommunitiesSquattingFINAL.pdf
- ↑ https://www.law.cornell.edu/wex/real_property
About This Article
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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