Ownership of land after spouse death

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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. 

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 AttorneyPages.com 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.

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