Ownership of land after spouse death

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Ownership of land after spouse death

My fiance has his children on the deed
to his house and land. If we get
married, and he passes away, I’m worried
they would take control of the house and
evict me somehow. Are there any laws
protecting me in a matter such as this?

Asked on October 8, 2018 under Family Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, there are not laws protecting you from eviction in this case. If they are on the deed to the house and you are not, they, not you, are owners and will become the sole owners if/when your fiance (whom we presume is also on the deed) passes away. Owners of real estate may remove any persons from the property who are not themselves owners (not on the deed or title) and not rent-paying tenants protected by a written lease. 


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