Legal Question in Real Estate Law in Pennsylvania

i live in a house with 2 owners that are on the mortgage and 1 of them is my wife. the 2nd owner's wife came into our bedroom and took all of our clothing from our room and put them in the shed. she never asked and she never said anything about her son & his family moving into our bedroom for awhile. they are not paying rent or contributing to the mortgage. what is there that i can do from a legal standpoint. is there anything that i can do to the 2nd owner's wife.


Asked on 12/13/11, 2:39 pm

1 Answer from Attorneys

Michael Duffy Duffy Law, LLC

First, you couldn't do anything, but your wife might be able to. You have several separate issues:

As to taking your possessions and putting them in the shed: This is almost certainly not permissible. However, your damages would be very limited as there's very little of value there. It's better to focus on the below.

As to kicking you out of your room: If they are on the mortgage, I assume they are also on the title. It would depend on how their ownership is construed on the title as to what your remedies might be. In most cases (assuming they are both on the title either as joint tenants or tenants in common), the one owner can't kick the other out of a part of the property. Your wife has a right to use it. In this case your wife can bring a claim for the fair rental value of that part of the property she has been excluded from.

If you would like to discuss your matter further over a free phone consult, feel free to contact me at your convenience.

Regards,

Michael J. Duffy, Esq.

Duffy Law, LLC

1-888-414-5773

www.mduffylaw.com

1500 Market Street

12th Floor, East Tower

Philadelphia, Pennsylvania 19102

52 Berlin Rd.

Suite 3000

Cherry Hill, NJ 08034

[email protected]

Please note: The information provided here is for general informational purposes only and should not be construed as legal advice or legal opinion on specific facts or circumstances. You should consult an experienced attorney concerning your particular factual situation and any specific legal questions you may have. No attorney-client relationship is created merely through the exchange of information via this web site. Michael J. Duffy will not undertake representation of a client without the client first signing a written retainer and representation agreement.

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Answered on 12/13/11, 6:34 pm


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