Coatesville, PA asked in Real Estate Law and Probate for Pennsylvania

Q: A person marries a person who already owns a property and the non owners name is not added to ownership of property.

The owner dies without will, is non owner responsible for said property and expenses of original owner?

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1 Lawyer Answer
Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: The non-owner has neither rights nor obligations, just by virtue of being the decedent's spouse. Thus, the non-owner is not responsible for the property, but the non-owner also has no right to continue to occupy it and would have to move out.

However, if an estate is opened and the property is distributed under the intestate laws (since there was no Will), the property would pass to the surviving spouse and any children of the deceased spouse. At that point, because of the distribution, the surviving spouse and children would become responsible for the property, including expenses of the original owner.

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