Legal Question in Family Law in Pennsylvania

Five years ago, my mother signed her house over to my sister. This was before my sister married. If my sister should divorce, would her husband have any rights to what was my mother's home?


Asked on 6/17/10, 6:37 am

1 Answer from Attorneys

This was not very smart. If your mother conveyed the house to your sister, the sister now owns it. Gifts by inheritance are considered separate property in the divorce context. That means if your mother gave the house ONLY to your sister, it stays your sister's property even if your sister divorces. The exception would be if your sister and her husband re-financed the home. The mortgage lender in that case might want the husband's name on the deed. Or, if the husband did substantial wokr there, he might be able to claim that the increase in value was due to his efforts.

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Answered on 6/17/10, 9:50 am


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