Legal Question in Real Estate Law in Pennsylvania

in PA can one tenant of a Deed with "Joint tenants with right of survivorship and not as tenants in common" add a spouse without the knowledge of the other tenants


Asked on 10/01/15, 1:16 pm

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

For starters you can not add a name to a deed. You need to execute a new deed, In your case A and B the current tenants would grant to A and B and C. The deed would have to be signed by A and B.

{John}

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Answered on 10/01/15, 2:30 pm
Sharmil McKee McKee Law Office

The short answer to your question is probably yes, depending on the clerk who files the new deed at the county records office. The long answer is no, it's not a legally binding transfer of interest in the property. Joint tenants own the property as one group collectively. To give the property to anyone, the group has to act collectively. That requires knowledge and consent. At the same time, the spouse of a joint tenant still shares the benefits of the property based on marital law in Pennsylvania even if her/his name is not on deed. You should talk to a lawyer about your goals, and he/she can craft a solution that is legal and effective. Good luck.

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Answered on 10/01/15, 7:06 pm


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