Legal Question in Real Estate Law in Pennsylvania

Re: Deed signing query. PLEASE HELP!!

You asked about the responsibility of a person signing a deed (and I add-in information about non-married families).

When a person signs a deed they are acknowledging and asserting ownership privilege. By signing the deed that person is accepting the ownership of the property (an asset). Because in your situation the person is not going to be a party to the loan then she would have no debt associated with that liability.

In the worst case scenario, the relationship breaks up, and he decides he's not going to pay on the loan and leaves her in the house. Eventually the bank will foreclose on the loan and seek partition of the property. Partition is almost always a sale of the property and results in the property being sold. The property is sold and the moving party, the bank, will get the funds that it is entitled to and any other party would take the funds they entitled to; in essence the remainder. There are a number of variables that I can't discuss without more info.

It is rare for a bank to allow two names on a deed but not demand both names on the mortgage. If he is buying the house outright then the other party will immediately have half equity in the home.

I will note that Pennsylvania no longer recognizes common-law marriages that weren't established as such before 2005. Pennsylvania has a new form of marriage called a self-uniting marriage. This form of marriage does not require a ceremony at all (but if they want they can place a finger on their head, turn around counter-clockwise three times, spit on the ground and say, �we�re married.�). The parties sign the license and two witnesses also sign. When the form is filed with the County Clerk the parties are considered legally married (though only five people know about it). Especially where there is a child involved parents should married whenever possible. If not then the mother needs to have the relationship spelled out in a legal and binding contract to protect herself and the child.

If you look back through the inquiries on LawGuru you will see time and time again where a women was dumped after living with a man for years (sometimes decades). It�s not my place to say whether that is fair or right but it is my place to help people protect themselves in all types of situations. If there is not going to be a marriage then there needs to be a contractual relationship.

Have your friend contact me to draft the papers or to at least arrange an estate plan.

Hope this information helps.

Regards,

Roger Traversa

Email: [email protected]

Phone: 215.279.8940