What rights do I have as a joint owner of a house in Pennsylvania?

Full question:

I am joint owner of a house in PA. 6 yrs ago my wife put me out of the house and put her daughter and grandson in. We are not legally separated. I pay my portion of the property tax every year. What rights do I have and can I force my stepdaughter and son out of the house? Stepdaughter does not work and contributes nothing for heat or electric. What can I do?

  • Category: Landlord Tenant
  • Subcategory: Lease Termination
  • Date:
  • State: New Jersey

Answer:

When spouses live separately without a divorce, they can create a separation agreement. This agreement outlines property distribution, responsibilities for bills, and who stays in the marital home. If you and your spouse can’t agree, you may need to go to court to resolve these issues.

In Pennsylvania, you may have rights as a joint owner of the property. If your stepdaughter and grandson are living in the house without your consent, you might be able to evict them. However, the law considers whether you are acting as a landlord, which can affect your ability to evict them legally.

According to Pennsylvania law (68 P.S. § 250.501), a landlord can issue a notice to vacate under certain conditions, such as the end of a lease or non-payment of rent. If your stepdaughter is not paying rent or contributing to utilities, this may strengthen your case for eviction.

Consider consulting with a family law attorney to explore your options and understand the best course of action for your situation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Legally separated individuals may file their taxes as married filing separately or head of household, depending on their circumstances. In Pennsylvania, a legal separation does not require a formal divorce but typically involves a separation agreement that outlines the division of assets and responsibilities. It's important to consult a tax professional to understand how your separation affects your tax filing status.