Legal Question in Real Estate Law in Pennsylvania

Re: Shared House

It depends on how the deed with both of your names is written. The deed should have been recorded, otherwise it is not effective as to other people, including the mortgage lender.

His debts may attach to his interest in the house, and possibly force the sale of the house to satisfy the debt.

If you do not have title as "joint tenants with right of survivorship" (also referred to as "JTWROS"), in the event of his death, his legal heirs or beneficiaries named in his Last Will may inherit his interest in the house. If you are tenants-in-common (the alternative to JTWROS), his heirs will become tenants-in-common with you, to the extent of his interest. Before title to his interest is transferred, his estate should be probated and fully administered.

If you are still together, you should discuss having Wills prepared to take care of this issue.

You may also check court dockets and land records to see if any liens have been filed against him or the property. So long as your name is also on the deed, you should receive notice of any actions to enforce liens against the property, but your interest may be at risk because of such debts or liens.

Re: Shared House - P.S.

You should also have a co-owners' agreement that spells out your respective obligations and responsibilities, including the right to buy out the interest of the other, in the event that either of you wants to leave the house.

You may also include provisions about the right of each of you to devise your interest in the property to your heirs or other beneficiaries, so long as the ownership is NOT as joint tenants with right of survivorship.

If you have such an agreement, you should also have a "Memorandum of Co-Owners' Agreement" which should be recorded in the Department of Records, so that any future lender or possible transferee will have notice of the agreement.