A visitor has been staying at my house for 14 months! does she have ownership rights?

Question

I want to have visitors staying, but what makes the difference between a visitor and a dweller. For instance they get their mail sent here. If they become a dweller do they get ownership rights? This is confusing me. If anyone can advise Id be very grateful. thanks

Answer 1

Give them a rent book, visitors shouldn't be staying that long. If they object show them the door. Your visitor is probably using your gas, electric, water and if they are using that then in theory they should be billed for half of it. You might wanna take advice from a lawyer too. See what the visitors rights and your rights are. Personally I feel you are being taken for a ride with this one. When they arrived they probably had no intentions of moving on quickly. Now you must put your foot down and say if you stay you pay. My bet is they will be gone by the morning!

Answer 2

They don't have 'ownership' rights unless you have specifically granted this. By ownership rights I am talking about the right to keep or sell or make improvements or not to fix items, ets. This has to do with the OWNERSHIP of the residence.

Now.. what right they do have. Well.. in the US.. this person has 'set up residence' and you have stated that they are free to live there. What this does mean is that you cannot force them to leave simply by telling them to do so. If they refuse to leave, you can not 'lock them out' as this is their place of residence. In order to force them to leave against their will, you will have to follow the legal eviction process which can take up to 45days.

The only other caviat to this is if this 'visitor' is more than just a friend and if they can claim common law marriage. Then they actually have a valid claim to 1/2 have all possesions. With today's environment and all the states considering 'gay marriage' this can be an issue EVEN IF you and the vistor are of the same sex.

I would suggest you get a good legal opinion based on the specifics of your situation if there is currently a crisis.

Hope this helps.

Answer 3

Actually it depends what state you live in. In SC this person would not own your home since they are not on the deed UNLESS you are in a state where there common law is legal and recognized in that state as a legal form of marriage. If you are common law with this person, every state where it is legal differs on what determines common law, then yes, they are entitled to a portion of your home. If you are not common law, you are just friends, then no, they could never have rights to ownership of your home unless you have stated so to them. And, if you want them gone, whether or not they pay rent they live there. They are not a visitor anymore after 14 months. You will need to have them evicted which could cause you a lot of headache. In the future don't give anyone a key and tell them they have only a week to "crash". If you give them a key or allow them to stay there for more than two weeks or allow them to get mail at your home then a pesky visitor is going to become a true pain in the butt roommate!

Answer 4

They sound like they've set up housekeeping alright. If you are the owner of the house, you are the only one who has any ownership rights.

Just because they have become squatters, does not give them ownership.

Give these people an eviction notice. If you actually want these people to stay, discuss paying rent. This gives them limited occupancy rights, but still no ownership rights. If I was you, I would get a lawyer. It sounds like they're taking advantage, and trying to swindle you. Whatever you do, do not sign anything that says quit claim deed on it. Get some help, and get these people out. Good luck.

Answer 5

The Owner is The person who has legal Title to property; the person in whom ownership, dominion, or title of property is vested.
another definition for owner is below.
Owner of Record
The person(s) who, according to the public records, is/are the owner(s) of a particular property.

Owner of Record
The person(s) who, according to the Public Records is/are the owner(s) of a particular property.
Example: An attorney searching the title found Helen to be the owner of record, even though she had assigned her interest to anonymous foreign investors, who were the beneficial owners.

while a visitor if the do become a dweller .here is the definition for that.
dwell


1 : to remain for a time
2 a : to live as a resident b : EXIST, LIE

The visitor has no legal claim or rites to ownership of any kind unless there is something in writing someplace. but the owner has the legal rite to evict the person by giving them a written notice , depending on the laws of your state, most state give you 30 days to evict.

Answer 6

only the property owner has ownership rights for that period of time. Difference between dweller and visitor is whether rent is being paid. Dwellers pay rent visitors dont

Answer 7

If the visitors are telling you this they are flat WRONG. After 14 months they should be paying rent. Charge them or kick them out. If they won't leave call the cops.
Adverse possession takes 10 to 20 YEARS depending on the state and you would have to be living elsewhere. Get them out.

Answer 8

At least according to the my state once a person has lived in a place for more than 30 days (even if they are not on a lease or mortgage) that is technically their legal residence. They do not have legal ownership to the house but if you wanted them to leave and they don't want to you would have to legally evict them.

Answer 9

No - there is no acquisition of ownership rights by a person living in the home. I'm not sure why you would even make that assumption, unless this person is saying as such. Even if this person is paying rent, it would make the person a tenant, with no transfer of any ownership rights.

Answer 10

No one has the ownership rights of the house but the landlord/s. if they receives there mail it doesn't mean they have ownership rights unless a contract has been taken out stating so.