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Trespassing

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Orion3M42

Member
What is the name of your state? Pennsylvania
If 2 people, let's say brother and sister Bill and Jane own a house with 50-50 ownership, and Bill wants friend Ted to visit but Jane does not want Ted to visit, who prevails? Furthermore, if Ted continues to visit against Jane's wishes can she have Ted cited for trespassing?
 

quincy

Senior Member
If 2 people, let's say brother and sister Bill and Jane own a house with 50-50 ownership, and Bill wants friend Ted to visit but Jane does not want Ted to visit, who prevails? Furthermore, if Ted continues to visit against Jane's wishes can she have Ted cited for trespassing?
If Bill wants Ted to visit, Bill can have Ted visit. Ted is not a trespasser if one of the co-owners of the house has invited him to visit.

If this is a continuing problem, Jane might want to rethink co-owning this house with her brother.
 

zddoodah

Active Member
Where real property is jointly owned, each has the right to use the property as he/she sees fit and has no legal ability to restrain the other joint owner from doing so. In other words, Jane is SOL in the scenario you described.
 

Orion3M42

Member
Let's augment the previous scenario. Ted is also their brother. Bill is elderly and in need of caregiving and Jane is the person of record through the Medicare and Medicaid programs as Bill's caregiver. When Ted visits he is insulting and verbally abusive to Jane inhibiting her ability to give proper care to Bill. Can she then insist on denying the visits?
 

quincy

Senior Member
Let's augment the previous scenario. Ted is also their brother. Bill is elderly and in need of caregiving and Jane is the person of record through the Medicare and Medicaid programs as Bill's caregiver. When Ted visits he is insulting and verbally abusive to Jane inhibiting her ability to give proper care to Bill. Can she then insist on denying the visits?
Jane cannot prevent the co-owner of the house from having visitors. Perhaps Jane should turn over Bill’s caregiving to someone else.
 

FarmerJ

Senior Member
care giving does not mean legal guardianship where a legal guardian can have a say in what the person who they have guardianship do and what they cannot do including how they spend money where they live , etc.
 

not2cleverRed

Obvious Observer
I would hope it obvious that, if neither of the two joint owners wants Ted around, then he's not legally permitted.
Don't worry. Next we'll be told that Ted's a co-owner as well, as their parents left it to them equally.

Quicksand is more stable than the "facts" in these questions.
 

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