What to do a bout a squatter who has held over on a the property has been sold?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do a bout a squatter who has held over on a the property has been sold?

Husband and wife estranged living separate. Husband died, wife movedinto house, husband’s estate puts house up for sale. Wife not entitled to proceeds of sale of home, according to Will and estate. House sold due to go to settlement and now wife refuses to leave property. What rights do the buyers have to the property?

Asked on September 20, 2011 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The buyers need to consult with an attorney to sort this out. IF the wife truly has no ownership interest in the home, then she may be evicted, using either an eviction proceeding or an action for ejectment (the buyer's attorney will be able to evalute the situation for which procedure to use).

The problem is, if the house had been jointly owned by both the husband and the wife, then it automatically became hers upon his death, regardless of whether they lived apart or were exchanged, and regardless also of the will.

Even if the house was not in her name, if it was bought during their marriage, she may have  a claim to it--if not to the whole thing, at least to some portion of its value, for the fact that it was acquired with marital assets.

In short, the buyers need to first confirm that the wife truly does not have an interest before seeking to evict her. And if she does have an interest, then they may have an action against the estate to rescind the sale or otherwise seek monetary compensation, since the estate would have sold something it could not sell.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption