Legal Question in Real Estate Law in Pennsylvania

Re: change the deed?

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Re: change the deed?

Category:Real Property, Real Estate and Landlord & Tenants

Posted: 7/9/2002

In-Reply-To: change the deed?

Subject: Re: change the deed?

You are right to be concerned. PA does not have "community property". During marriage you might acquire some interest in property owned by your husband, but it would be up to a court to decide what that interest is, if any.

A full real estate closing is not needed for a deed between family members or other individuals who have a close relationship and want to change title to property. You will need a deed and transfer tax certifications required by the Commonwealth and by your County. If the Deed is signed and recorded after you are married, the transfer would be exempt of transfer tax as a deed "from husband to husband and wife". There are recording fees charged by the Office of the Recorder of Deeds for the County.

The only problem is if there is a mortgage on the property. You will need the written consent of the mortgage holder to avoid a prohibited transfer that might trigger a default. Often, mortgage holders will consent to such a transfer, unless there are serious credit issues.

In order to make sure that title is properly transferred, you should have a real estate attorney prepare the deed and other documents. This should not involve a huge fee.