Tag Archives: DEED

How do I get my son off my deed?

Q: I have a legal mess on my hands. Me and my son co-own a home. He has done over $15,000 worth of damage to a home we co-own. I had Service Master in here and got a quote. It is a biohazard environment due to his needles, urine, feces and any type of valuable scrap metal he ripped off the home to sell for drugs. We both pitched in $15,000 each for the home. He has done nothing but devalue the home. What legal rights do I have. I currently have a PFA on him due to the past year of receiving 5 beatings for money. I am disabled and no can no longer take this somebody please advise.

A: As far as what you can do about the physical abuse from your son, you can file for a Protection from Abuse Order, which it sounds like you have done. You can also file criminal charges if he assaults you or threatens you with serious bodily injury. As for getting him off the deed to the house, there are two ways this can be done. The easiest way is for him to sign a new deed to you. The other way is through court by filing an Action for Partition of Real Estate. This type of suit can be expensive and time consuming.

Property in both of our names

Q: My boyfriend threw me out of the house and said that the property is his now because I traded him a car for it. This is not true, it never happened nothing is in writing. We both made payments on the mortgage and taxes. How should the court handle this situation? (Pittsburgh, PA)

A: Whoever is on the deed owns the house. If your name is not on the deed and his is, you don’t have claim unless you are married to him. If you are on the deed with him as an owner, he cannot remove you from the deed without your signature. More information is needed-is the property held as joint-tenants with right of survivorship or as tenants-in-common? Is there a mortgage? I suggest you speak with a lawyer.

Is verbal agreement with my grandmother legal?

Q: My grandmother has been saying for years she wanted me to have her house. She even gave me the deed. Years later my grandmother has dementia and my aunt is her guardian on a Power of Attorney. I am still in possession of the deed physically but nothing has been transferred to my name. I would like to proceed in doing the transfer but don’t know where to begin (before my money hungry family comes after it. (East McKeesport, PA)

A: I would review the documents and all information with an attorney. The way you present this, it looks to me as if there was no deed signed by grandmother to you. The fact that you are holding the old deed with her name as owner (grantee) does not help you at all. If she is incompetent to sign legal documents at present, she cannot sign a deed to you. Ask your aunt if she will sign a deed to you through the POA.

How to get dad’s name off my mother’s house?

Q: My mom is going to pass away soon, and my dad’s name is still on the title. He hasn’t been around in 20 years. He didn’t have much to do with the payoff of the mortgage at all. I don’t even know where he is to ask him to sign the paperwork for my mother. (McKeesport, PA)

A:  The easiest thing to do would be to ask him. If you don’t know where he is start asking around-family, friends, his last employer, etc. You would be amazed what you can find on the internet. If necessary, hire a private detective or person locator. Perhaps he has grown up and will sign over the deed to make amends. If you cannot locate him or he will not do it, it is practically impossible to take the name of a property owner off a deed without their signature on a new deed, or without litigation. If he and your mother are owners as husband and wife, or legally, what they call by entireties, his share will pass to her if he would die. However, I am not suggesting that you put a hit out on him. Conversely, he will own the entire house when she passes. You may also want to check if they were ever divorced. Often in a divorce, one spouse agrees to convey title to the other in marriage settlement agreement or divorce agreement. The other option is to consult with a lawyer about a filing an action for partition of real estate. If that can be done with entireties property, the court may accept alternate service by publication if your lawyer cannot locate him. If he does not respond to the published notice, a default judgment could be entered, and his name stricken from the deed.

Can we alter our deed?

Q: My brother and I own property as joint tenants Can I alter the deed so that my wife and I own my 50% as tenants by entirety? We are getting older and he would also like to add his wife to the deed. (West Mifflin, PA)

A: You cannot alter a deed, or just amend it by writing on it. You need to draft a new deed. I suggest you do not handle this yourself and seek an attorney. There would be an attorney fee, and a filing fee of $162 paid to the county. That is it. The transfer is exempt from realty transfer tax so there is no transfer tax to pay. Therefore, it is relatively inexpensive transfer. It would be worth a legal consultation to ensure this transfer is the best thing for all parties involved.

Must I sign for house sale by ex-husband?

Q: My ex-husband purchased a home during the time of our marriage four years ago. He didn’t put my name on the loan or title. It has now been two years since our divorce and he says he may need my signature to sell the property in Pennsylvania. Do I have any legal requirement to sign this? I have had nothing to do with the property. I was not involved with the purchase and my name is not on any purchase or loan documents.

A:  As the home was purchased during the marriage, you obtained rights in the home through the PA Divorce Code. It is common for a spouse to have to “sign off” his or her rights under the PA Divorce Code in these situations.

My grandmother bought me a home, but did not leave it to me in her will

Q: As I stated above, my grandmother bought me a home to live in, which I have been in for almost 4 years. It is not stated in her will that she leaves the home to me and now her children want to kick me and my kids to the curb. What are my rights to stay in the home? Also, I’ve only paid all the utilities, not the property taxes on the home in the 4 years I have been here. (Indiana, PA)

A: I would have an attorney look at the will and the deed to this house. Generally, if you are not on the deed, you would have no rights to this property when she passes unless she included you in her will. Unfortunately, paying the utilities will not arise to any property rights

What happens when one heir is bequeathed the title of a house and another heir an equity stake?

Q: My grandmother recently passed away. My grandfather passed away a few years ago and my mother, also the executor of her will, is her only child and has always lived with my grandmother in her house. In her final will my grandmother left my mother the title to the house with a 40% equity stake bequeathed to me. If my mother has zero intention of selling the house (which is paid in full), does she have to “buy me out” of the 40%? How exactly does this play out? I know that my mother inherited more than enough to cover my portion from my grandmother’s retirement accounts but she is so absolutely outraged that she wasn’t left the house 100% that she won’t include me or inform me of anything that’s going on with the estate/probate process. The estate lawyer never returns my phone calls either. I can only seem to find information when inherited houses are split equally among heirs. (Pittsburgh, PA)

A:  As mentioned, you need your own lawyer to look at the deed and the will. If the estate lawyer will not give you a copy, you can get a copy of the deed in Department of Real Estate in the County Office Building and a copy of the will, assuming it has been filed, in the Register of Wills which is in the City-County Building. Both are in downtown Pittsburgh. Based on what your limited information, it sounds like there will be a deed coming from the estate to your mom and you, 60% to her, 40% to you. I will assume the new deed will list both of you as tenants in common. Yes, unless the will directs otherwise, for example, a life estate to your mother, then you have a divisible interest in the house and can therefore try to force her to buy you out. If she will not agree to a buy out, you can file a partition action which is expensive and time consuming and should be a last resort. I think you need a lawyer as there may be other options. For example, she can grant a deed to you reserving for herself a life estate. This would allow her to live in the house until she is no longer able to or dies, then full title would pass to you. More information is needed to fully advise, but you should seek a legal opinion.

How do I transfer parent’s property to me?

Q: My Dad passed away recently. My Mom is living but has dementia. They both have wills that state the property goes to the surviving spouse or if incompetent (Mom is) to me, the only child. I want to make sure the family property can never be taken away by medical situations, etc. (Swissvale, PA)

A: This is something that must be done under advice of a lawyer. First, mother needs to be competent to sign a deed. Moreover, there are many questions that must be asked to determine if this is an advisable transfer. The foremost question would be whether there is a possibility of her needing to apply for Medicaid in the five years following the transfer. If so, and you have not lived in this home for the preceding two years as a caretaker, this transfer could render her ineligible for Medicaid to the extent of the value of the transfer. Secondly, if you do not reside in this home, your mother will pay more in real estate taxes in that she will lose her homestead exemption and any senior citizen’s discounts available.

ELDER LAW, REAL ESTATE, TRANSFER, DEED, COMPETENCY, MEDICAID

How can I remove a joint owner’s name from a residential property deed?

Q: If a cosigner on a mortgage has assumed all financial responsibility due to the joint owner’s default what is the process to get that joint owner off the deed or title? In Pennsylvania. No relation or marriage was involved just an act of good faith. The other party is not agreeable or even available or whereabouts unknown. Concerns around the other party’s debts continuing to mount in the way of liens on property. Intent to keep property but need to remove negligent party’s interests and ownership.

A: If your information is correct, that you are on the deed to real estate with someone else and the someone else will not sign off on a deed, you have a problem. If they are disagreeable, you may need to buy their interest out, or otherwise convince them to sign a new deed from both of you to you. If that is not possible, you will need to file an action for partition for real estate, which is expensive and time consuming. If their whereabouts are unknown, you may be able to serve them by public notice or advertising. You would need to discuss all the details with a lawyer for a more definite answer. Also, you may have a potential problem if the mortgagee (bank/lender) will not agree to taking the other person off the deed. You would need to seek their permission.