If my grandma has been living with my uncle for years and he recently died, can his ex-wife kick her out?

My uncle had 2 daughters. There was no Will. He was seperated from his ex for over a year.

Asked on July 27, 2012 under Real Estate Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your grandmother needs to consult with an attorney. IF there is no will and the ex-wife is truly an "ex" wife AND she did not get the house in the divorce, then it would seem that she could not kick your grandmother out. That's because in this case, the house most likely passes to the uncle's daughters, though even in this case, if her name had been on the house's title and was never removed, it's her house.

That's the problem, and why you need legal help: there are a number of situations in which the "ex" wife is owner of the home, such as she was on the title and never removed; she and your uncle never officially divorced; they did divorce and she was awarded the house in the divorce; etc. If she is the owner of the home in any way, shape, or form, she can make your grandmother leave. So you need an attorney to review the situation in detail, to see who in fact does own the home at this time. That person can determine who lives there.

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