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

This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.

There are 9 references cited in this article, which can be found at the bottom of the page.

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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.

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.

Documents to Prove Home Ownership

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

Documents to Prove Occupancy

• 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.

• 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.

• 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.

• 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.

• 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.

Removing Squatters

• 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.

• 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.

• 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.

• 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

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.

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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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

This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. This article has been viewed 324,592 times.

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.