Can I recover personal property after a co-owner wrongfully removed it from our shared house? - Pennsylvania
The Short Answer
Yes—depending on who legally owns the items and the circumstances of the removal, Pennsylvania law may allow you to pursue the return of the property (not just money damages). But these disputes often turn on proof of ownership, whether the items are part of an estate, and whether a court order is needed to prevent the property from being sold or destroyed.
What Pennsylvania Law Says
When someone takes or keeps personal property that belongs to someone else (including property owned by an estate), the law can provide remedies to recover the items themselves or recover their value. In probate-related disputes, the Orphans’ Court can also enforce its orders and compel compliance through court enforcement tools—especially when estate property has been removed or is being withheld.
The Statute
The primary law governing court enforcement in Pennsylvania Orphans’ Court matters is 20 Pa.C.S. § 781.
This statute establishes that compliance with an Orphans’ Court order or decree may be enforced through remedies such as attachment of the person, sequestration of real or personal property, and execution on personal property.
Why You Should Speak with an Attorney
While the general rule sounds straightforward, applying it to a “shared house” situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Many claims involving taking or detaining personal property must be filed within a limited time. Pennsylvania’s general two-year limitations period can apply to actions for taking/detaining personal property (including actions for specific recovery). See 42 Pa.C.S. § 5524(3).
- Burden of Proof: You typically need evidence identifying the items, proving ownership (or estate ownership), and showing the other co-owner’s lack of legal right to remove or keep them.
- Exceptions and forum issues: If the property is tied to a decedent’s estate, the right court (often Orphans’ Court) and the right type of relief (return of items vs. damages vs. enforcement of an existing order) can change the strategy and the outcome.
Trying to handle this alone can lead to avoidable mistakes—like pursuing the wrong type of claim, missing a deadline, or failing to secure the property before it disappears.
If your situation involves estate property or family members removing items, you may also find this helpful: getting back estate personal property removed by heirs in Pennsylvania.
Get Connected with a Pennsylvania Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.
Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.