How do I remove my ex-wife’s family members from my home?
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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
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 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 In either event, now that permission for him to be on the premises has been revoked by the lawful occupant/owner, he can be served with formal notice to quit the premises.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.
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