Tag Archives: REAL ESTATE

How do I get my wife name off the house deed?

Q: We are separated, and I want the house now and her name off my deed for good. What does she sign? (Jefferson Hills, PA)

A: If her name is on the deed with your name, her signature or a judge’s signature is the only way to remove her name from deed. If she doesn’t agree to take her name off, you will have to negotiate with her and probably buy her out. This is what the family court will do when you proceed with your divorce. I suggest a consultation with a lawyer as I do not have all the facts here.

How to I take over an abandoned house?

Q: I see an abandoned house every day on my way to the clinic. How can I take over and fix it up? I want to eventually take ownership. I’m looking to fix up and live in it. (Pittsburgh, PA)

A: You cannot just move in and start working on it. You need to find who owns it, which can often be a challenge. You can look up the deed to see who the listed owner is, you can call the taxing entities-city, school county to see if anyone is paying taxes on it. You can go to the Sheriff’s Office to see if it is under foreclosure or is up for sheriff’s sale. I would first ask your municipal zoning officer. He will likely know the status. It may be on the list to foreclose on for delinquent taxes, or on a list to tear down. You need to do some investigating. Often there is money owed to someone like a bank or a municipality, before you can get clear title.

Can my boyfriend evict me from my house if we both own it?

Q: My boyfriend and I own a house. He owns 80% and I own 20%. I recently had a heart attack and am disabled. I have been the only one working for the past 16 years and we have two daughters that live in the home with us. He says because he is a majority owner, he can just kick me out. Is that true? (West Newton, PA)

A: What a guy. To answer your question, no. Based on your facts, I will assume you are in fact an owner as tenants in common. That is the only legal tenancy that would permit percentages to be owned. As having an equitable interest in the house, even if smaller than his, he cannot evict you from real estate that you own. If he persists being an 80% owner, strike a deal with him whereby you share the kitchen and bathroom, as they are essential, and section off 20% of the home with a TV, couch and your favorite amenities and stay away from him. The kids will probably hang out with you

Is a party’s signature needed to remove her from a deed?

Q: My 93-year-old mom was coerced in Feb 2017 by my sister to sign a quit claim deed adding her to her home. Although done in a lawyer’s office, he nor a notary witnesses the signatures. No money or consideration made either. (Bethel Park, PA)

A: If your mother was competent to sign the deed, and the deed is legally correct, the transfer is valid. If the deed is valid and your sister is on the deed as a grantee, she must sign any new deed. The exception to this is if you can get her off the deed by court order as a result of successfully challenging the deed which is difficult to do. In PA deeds must be witnessed and notarized to be accepted for recording.

Can my mom sell the house if dad’s name is still on it, but they divorced?

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.

What can I do to gain ownership of my home of 11 1/2 years?

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Q: I rented a home from my grandpa. Upon his passing he made sure verbally to let everyone know what he wanted done with said house. I already pay water, sewer, garbage and power, the only thing I don’t pay is insurance. Upon his passing there was no will to be found. When his two sons who admitted to knowing what their dad wanted and the rest of the family had a meeting, his youngest son, informed us that he will not do what my granpa wanted if I get the house. He stated he would fight. Not only have I lived there for almost 12 years, but I was also taking care of my grandpa in his home. (West Mifflin, PA)

Q: If your grandpa had no will and is not survived by a wife, his estate passes under intestate (no will) law. Assuming he is on the deed with your grandmother who is deceased, the house will pass to his children under PA intestate law. There is not much you can do legally, that I know of. You might investigate if you can buy out the interest of the son who won’t cooperate. Perhaps you can get a mortgage on the home to pay him off. I would consult with an estate or real estate lawyer for a definitive answer.

How can I pass an interest in my house to my children if my wife is on deed with me?

Q: I recently refinanced my home and deeded it as tenants in the entirety with my second wife. I have two adult children. I would like to have my children have interest in the property if I die before my wife. What is the best way to do this as she has no immediate family and I do not want the property to go to the state upon her death. (Valencia, PA)

A: Consult with a lawyer with whom you can share all the facts. If the house is now titled by the entireties, as husband and wife, the entireties tenancy can only be severed if the wife agrees to sign another deed, one of you dies or by court order. As tenancy by the entireties, your wife will inherit it from you when you die, and it will not pass to your estate. Therefore, you cannot pass it to your children in your will. The only way to pass an interest to your children is to draft another deed. I cannot advise which type of deed will be best for your situation, but the options would be to execute a new deed with or without your wife on it. Your children could have a tenant-in-common interest with you or you and your wife, or joint interest with you and your wife. You could also do a deed to your children with a life estate in the property granted to your wife. If she has a life estate, she can live in the property until she vacates the property or dies, then her life estate is extinguished, and your children’s interest becomes free and clear. You really need to consult with a lawyer who can advise after understanding all the facts. Additionally, you should seek approval from your mortgagee whenever you change the deed if there is a mortgage or HELOC in place.

Who has legal rights to the home?

Q: If there are three siblings and one sibling is deceased, and she was married. Dad had a house but died and left no will. Does the one deceased sibling’s husband have any rights to the house along with the remaining siblings? The husband also has Alzheimer’s and in a nursing home. (Plum Borough, PA)

A: I will assume that the sibling died prior to the passing of your father, your father owned the home and as you said, he had no will when he died, and your mother predeceased him, or they were divorced prior to his passing. If this is correct, his home will pass under the intestate laws (no will) of PA. Under your facts, his 3 children, and the child or children of a deceased child (if any) will inherit his estate property, which will include the house, in equal shares. If the deceased child (your sibling) had a child or children, that child or children will inherit the share of their deceased parent (your sibling) which would be one-quarter.

Can I make my neighbor repair his half of the garage?

Q: I have a garage built on my lot long before I moved into my house. It straddles the property line. My neighbor and I each own one-half of the garage. My neighbor has failed to maintain his one-half to the point it is unsafe to use in its entirety. Can I compel him to repair his one-half? Can I remove entire structure, or can I effect repairs without his permission? (Plum Borough, PA)

A: This is a difficult situation and there are few things worse than bad neighbors. The easiest way would be to work this out with him. If that is not possible, talk to your local zoning officer. If his half of the garage is unsafe, unsightly or not up to code, the zoning officer can issue a citation and he will be given so many days to make repairs. If no such compliance is met, he can be hauled into court and fined or ordered to comply. As far as a civil or equity suit filed at the local magistrate or in the Court of Common Pleas, there is a remedy against property owners whose failure to maintain their property adversely affects adjoining or neighboring property. I once used it to get a judgment against the owner of an adjoining wall who failure to maintain it undermined the yard and foundation of my client’s house. I would need to research this cause of action more. Beware that having a judgment against another person can be useless if they do not pay or have no assets to attach. I suggest that you go through the zoning officer first.

Can my mother and I sell her home and dissolve the life estate?

My mother is 89 years old and developed mild dementia and heart disease. The doctor does not want her to live by herself, so she has moved in with me. We set the life estate up about 5 years ago after a lawyer assured us it was the right thing to do. I am the only surviving child and do not plan to put mom in a nursing home and will use hospice if needed in the future. I do not want to rent the property because it is about 100 miles from me and would be more trouble than it is worth. Can I sell the property since I am providing my mother with a place to live and am also her caregiver? (Baldwin Borough, PA)

A: I would need to know is the life estate in the deed or a trust and look at the documents. If in a deed, does the life estate terminate upon conditions of her death or her being unable to live in the home independently? If in a trust, the trust will have similar conditions which constitute the ending of the life estate. Who does ownership pass to when the life estate conditions have been fulfilled? If one of the conditions of the life estate terminating is her being unable to live in the home independently, then that condition has been fulfilled and you should be okay. However, you should review the paperwork with attorney for a more definitive answer.