How do I remove my ex-wife’s family members from my home?

UPDATED: Nov 18, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Nov 18, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How do I remove my ex-wife’s family members from my home?

My soon to be ex-wife is in the hospital on a respirator. Basically life support. Her adult son is living in the marital home which is 18 months delinquent on the mortgage. After she passes I need to get him and his family out so I can get a modification on the mortgage and save what is left of my marital assets.

Asked on November 18, 2011 under Real Estate Law, Pennsylvania


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your ex's son is paying rent (or a form of rent such as utilities) he is a "tenant"; there need be not formal lease agreement. If he is merely a long term guest he is a "licensee". In either event, now that permission for him to be on the premises has been revoked by the lawful occupant/owner, he can be served with formal notice to quit the premises. If he fails to do so by the date specified, then you will have to file for an "unlawful detainer" (i.e. eviction lawsuit). Once a court issues order for him to vacate, if he fails to do so you can have the sheriff remove him if necessary.

However, until then, you cannot try any self-help measures such as changing the locks or removing his belongings. You will be subject to legal penalties if you do.

At this point, you should consult directly with a real estate attorney that handles landlord-tenant matters. They can best advise of your rights/remedies under specific state law.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption