Legal Question in Real Estate Law in Pennsylvania

Husband has lived in one city for over 20 years while wife and kids live in another. The husband had a mistress and racked up the home's water/sewer bill to over $15,000. He recently passed away and the water company is stating the wife owes the money even though she did not create it. Is she truly responsible for this or is there something that can be done to make the mistress responsible? The court has refused to even let the wife kick out the mistress from the home or discontinue the water so the bill will stop; but she is responsible for payment? This doesn't make any sense.


Asked on 10/18/11, 7:06 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Who owned the house where the water and sewer bill was incurred?

If husband owned the house where the mistress lived and that is the house with the unpaid water and sewer bill, the husband's estate has to pay the bill. If the bill is not paid, the house is subject to a lien in the amount owed, and the bill would have to be paid when the house is sold. The water company or municipality furnishing the water and sewer service may also foreclose on the property to enforce its lien.

If the water and sewer account was in the name of the mistress, she would have to pay. The problem is enforcing her obligation. That would be the responsibility of the water and sewer company, and if it can't get payment from the mistress, it still has a lien on the property.

If wife is the owner of the house, or if only husband owned it and it is now part of husband's estate, the wife or the executor/personal representative of the estate has the right to seek ejectment (a court process similar to eviction, used when there is no lease) to get possession of the house and require the mistress to vacate the property.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

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Answered on 10/18/11, 8:37 pm


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