Legal Question in Real Estate Law in Pennsylvania

deeds, divorce

MY parents were divorced in the 80's. for some reason my dads name was never taken off the deed to the house. I have have been living in the house since 1990 by myself. My mom wants to sign the house over to me. My dad has never paid taxes or wanted anything to do anything with the house. He lives in another state. How can I get him off the deed. what are my options?


Asked on 8/03/07, 12:28 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: deeds, divorce

If your father was required to transfer sole title to the home to your mother, and it was contained in a property settlement agreement or in a court order, your mother could try to enforce the agreement or order.

Have you or your mother spoken to him or been in contact with him recently? He may agree now to deed the title to your mother, who can then deed it to you.

You should have a real estate lawyer help with preparing the two deeds, including instructing you exactly how each deed should be signed and notarized.

You should also be aware that there will now be a transfer tax, based on the current property value, on the deed from your father to your mother, since it is so long after their divorce. The deed cannot be recorded without also paying the transfer tax. The tax amount varies, depending on the county where the property is located.

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Answered on 8/03/07, 12:41 pm


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