property settlement agreement

[Molls]

Jurisdiction

Pennsylvania

I got divorced in Oct 2022. The settlement agreement stated that I would buy him out to keep the house. I paid him the money and he moved out. I have since allowed him to stay at the house for a few months to go through the rest of his stuff and figure out where he would go next. He is now refusing to leave the house. Do I need to eject him or can I just go to the cops with the settlement agreement?

 

[Zigner]

In other words, you have a tenant.

The police aren't going to do anything about this, and rightfully so. This is a civil matter.

 

[Molls]

In other words, you have a tenant.

The police aren't going to do anything about this, and rightfully so. This is a civil matter.

That's what I figured. So much for trying to be nice. I don't know why I thought it was a good idea when our marriage didn't work out in the first place. Thanks for the reply.

 

[welkin]

I got divorced in Oct 2022. The settlement agreement stated that I would buy him out to keep the house. I paid him the money and he moved out. I have since allowed him to stay at the house for a few months to go through the rest of his stuff and figure out where he would go next. He is now refusing to leave the house. Do I need to eject him or can I just go to the cops with the settlement agreement?

Was the house title transferred into your name only? If so then it is not only a civil matter but it is also now a matter of trespass and you could ask the police for help.

 

[Zigner]

Was the house title transferred into your name only? If so then it is not only a civil matter but it is also now a matter of trespass and you could ask the police for help.

The OP has allowed the guy to stay there with for an extended period of time. The police will not treat this as a trespass.

 

[leslie82]

I got divorced in Oct 2022. The settlement agreement stated that I would buy him out to keep the house. I paid him the money and he moved out. I have since allowed him to stay at the house for a few months to go through the rest of his stuff and figure out where he would go next. He is now refusing to leave the house. Do I need to eject him or can I just go to the cops with the settlement agreement?

You let him move back in...he's a tenant. You have to legally evict him if you want him out.

Eviction Process in Pennsylvania | Tenants' Rights

 

[leslie82]

Was the house title transferred into your name only? If so then it is not only a civil matter but it is also now a matter of trespass and you could ask the police for help.

That's not trespassing when she let him move in for a few months. He's been a tenant.

 

[adjusterjack]

That's what I figured. So much for trying to be nice. I don't know why I thought it was a good idea when our marriage didn't work out in the first place. Thanks for the reply.

I think he is a guest not a tenant. PA has a crappy landlord tenant statute. There is nothing in it that describes the arrangement and I wouldn't rely on "guides." Read the statute yourself.

C:\Documents and Settings\lstadler\My Documents\My Webs\BCP\landlord_tenant_act.wpd (thelpa.com)

If you want to go the tenant route give him the required 15 days notice of termination of his tenancy. See Section 250.501 Notice to Quit.

Make sure you have a witness to the delivery of the notice. A witness willing to testify in court if necessary.

An alternative is to withdraw your consent for his occupancy and tell him to leave right now. Also have a witness. If he doesn't leave he's trespassing. Then call the police. No one here can guarantee what the police will do one way or the other. They are likely to show up if you are concerned about your safety.

If he still won't leave, talk to your lawyer about getting a restraining order putting him out.

 

[Zigner]

I got divorced in Oct 2022. The settlement agreement stated that I would buy him out to keep the house. I paid him the money and he moved out. I have since allowed him to stay at the house for a few months to go through the rest of his stuff and figure out where he would go next. He is now refusing to leave the house. Do I need to eject him or can I just go to the cops with the settlement agreement?

Please clear something up for me: Have you properly recorded the new ownership information with the appropriate Recorder of Deeds? If not (and you didn't mention that you have), then he will still be considered to be a co-owner of the house and, thus, cannot simply be removed. You would need to go back to the court that granted your divorce to get this cleared up.