Q: My parents bought the house in 1977 and divorced about 10 years ago. Mom’s name was never removed from deed and dad passed away 4 months ago with no will. I am the only child and am ok with my mom selling the house. The deed doesn’t state anything about survivorship or tenants in common. (Pittsburgh, PA)
A: If there is no written divorce settlement agreement that address how the house is to be distributed, upon the divorce decree, it changes from husband and wife tenants by the entirety’s property, to tenants in common property. As tenants in common, they each own a divisible equal share. This means your father’s share passed into his estate and will be inherited by the heirs he named in his will or if he had no will by his intestate heirs. If he did not remarry, then his intestate share of the house would pass to his child or children in equal shares. Your mother can only sell her 50% share. If you and your siblings if you have any, wish to sell you can sell if you wish. If you do inherit one half, you need to pay inheritance tax and should speak with a lawyer. I would check your mother’s records and if not check their divorce file with the Allegheny County Department of Court Records.