Legal Question in Real Estate Law in Pennsylvania

Re: Adding domestic partner to deed

This can be done by having a new deed done from you to you and your domestic partnet. You may want to also have some agreement in the event problems arise in the future regarding the property. Also you should make clear what your respective responsibilities are for expenses are you each paying half the mortgge or taxes, what about repairs. If the property sells do you split profits 50 -50. Did you each put up a similar amount to purchase the home. If one put up more does he get this back first from asale.

You should contact an attorney who can do the paperwork. If you would like to schedule an appointment with my office contact me.

Re: Adding domestic partner to deed

You must first get the written consent of your mortgage lender, if you have a mortgage on the property. Most mortgages contain a "due on sale" provision that prohibits transfer of any interest in the property. There may have been a credit issue that cause you to take title alone.

Credit issues may also be a reason to not change title, for example, if your partner is subject to money judgments which will attach to your property and may cause the property to be sold to pay off such judgments. You will want to discuss and resolve such questions before taking any action.

If you do not have a mortgage or the lender consents, you may add your partner to title to the home. You should, at the same time, have a co-owners' agreement that spells out your respective rights and obligations, such as: (1) who pays what, (2) what happens if one does not pay; (3) what happens if one party wants to leave the relationship and/or the home; (4) what rights, if any, will the parties have to rent out the place if one wants out; (5) what if one wants to sell and the other does not, etc. It should also show what each person's contribution toward the property is.

You should have a local experienced real estate lawyer assist you with both the co-owners' agreement and the deed.