Legal Question in Family Law in Pennsylvania

Re: Divorce, inheritance, deed to house

As you were married when the house was purchased you have an Entireties privilege. That is as good as having your name on the house. He can NOT sell it with out your permission. As far as a divorce its part of thew marital estate. As far as he predeceasing you the entireties privilege protects you there as well.

Now as why he won't put you name on the deed that's a good question. It would require a new deed to be executed but it shouldn't cost much to file the new deed.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

Re: Divorce, inheritance, deed to house

First remember that the divorce court has no authority until a divorce is filed, and the Orphan's Court would have no authority until someone died.

Your inheritance was not marital property but you paid off marital debts with it. In a divorce you may get credit for doing this depending on other circumstances. The other things, like your house, purchased while you were married and living together are marital property and may be divided by the court. Keep good records.

If your husband dies without a will and his parents or a parent survives him; or if a child or children (his or yours together) survive him you will only inherit part of his estate. If he has no children or surviving parents you will inherit everything. If he tries to cut you out of his will you can file a paper called an election which will permit you to inherit part of his estate.

It probably should bother you that he will not provide for you (check insurance policies and retirement benefits, too) in the event of his death. Your options are limited and there is not much you can do beyond persuasion to convince him to take care of you. Unless you head off to court.