Legal Question in Real Estate Law in Pennsylvania

2 Hostile Owners TIC - Options?

I share ownership with my mother on a residential property in Allentown, PA. The previous owner (grandmother) retains lifetime tenant rights, but is currently on an extended visit to another state. Most of her possessions remain in the house. I have been paying the taxes & doing general upkeep for the property with no assistance or contribution from the other owner. There is no mortgage or other lien on the house. Now there are extensive repairs that need to be made that I cannot afford. I would like to take out a small mortgage to make the necessary repairs and help with some debt consolidation. Can I get a mortgage on my portion of the equity without alerting/informing the other owner? If not, is there some way to force her to share the upkeep costs and/or sell her portion to me? Should I have the deed partioned first? Mother tricked Grandmother into putting her on the deed 5 years ago and abandoned Grandmother entirely 2 years ago. Last week, we discovered that Mother had gained entry to the house (locks were changed) and stolen a valuable piece of antique furniture and some family pictures. The police have not been called(yet). Does this affect/change anything with regard to rights?


Asked on 8/11/06, 6:52 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: 2 Hostile Owners TIC - Options?

You asked about how to manage property where owners are hostile.

As you are probably aware, you will not be able to mortgage the property without the other owner's permission. Nor can you partition the property. Partition while it could be a suitable solution in most circumstances requires that the property be liquidated (sold). In this circumstance the grandmother has a life tenancy that would defeat any attempt at partition.

In this case your best bet is either to work with the other owner to make repairs, or to go ahead and make necessary repairs, pay necessary taxes and so on. When the life estate ends, as long as you have kept accurate records, then you will be able to seek contribution from the other owner either in kind (cash) or in partition, by setting off the upkeep expenses proportionally against the other owner.

Not a perfect solution, but it works.

Regards,

Roger Traversa

email: [email protected]

Phone: 215.279.8940

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Answered on 8/12/06, 11:41 am


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