Legal Question in Real Estate Law in Pennsylvania

Joint Ownership Dispute Over Trespassing

For a married couple with joint ownership of their home: Who gets the final say in whether a guest (wanted by one spouse and unwanted by the other because the guest can't be trusted for a variety of known, good, legal reasons) can live or otherwise stay on the property for any length of time?

Is it possible that the guest has become a tenant because the guest has worked (at the request of the allowing spouse) on the property already for one day, has received food and help (money, etc.) from the allowing spouse? (The guest has not shared household expenses, of course.)

Again, this has been against the other spouse's wishes, which have been repeatedly and clearly made known to the allowing spouse. Due to legal reasons, the unemployment of the allowing spouse and the severe illnesses and disabilities of the elderly opposing spouse (currently no welfare or medical insurance), the opposing spouse doesn't want this guest in the home.

The guest was not allowed in the home building (the allowing spouse wants them in) by the opposing spouse, but was on the property. The guest also has no residence of their own, but does have immediate family members who could take care of them (but apparently, won't).


Asked on 10/17/07, 8:27 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Joint Ownership Dispute Over Trespassing

You asked about trespassing of a guest.

All tenants (in this case owners) of a premises have the full right and responsibility of possession.

In this case, each of you have the right to admit parties but each of you have the right to exclude parties also. Where one tenant would allow a party to remain while the other tenant would not then I would suggest that liability for any and all injuries arising out of the interloper's presence are the responsibility of the admitting party.

So, you can accept the other tenant's decision and rub it in the co-tenant's face when you are proven right.

If there is any concern about safety, you know what to do.

No right of tenancy is earned unless a party has a right to exclusive use and possession of premises. A guest does not earn those privileges easily.

Regards,

Roger

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Answered on 10/17/07, 9:09 pm


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