Legal Question in Real Estate Law in Pennsylvania

Re: deed vs will

There is no one correct answer as to a deed or a will.

Do either of you have bad credit or judgments?

Does your boyfriend have family who might contest a will?

What's the value of the property?

Any liens or motgages?

As to common law marriage? Do you have a wedding aniversary? What year were you married?

Do you file your taxes as married or single? What about health insurance?

Bottom line sit down with an attorney to work out the option that is best for you.

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Re: deed vs will

A will can always be changed. Therefore, I recommend that couples who share an interest in a home or other real property have an actual interest in the property, rather than relying on a will.

Common law marriage has been abolished in PA, as of 2005. Unless your relationship satisfied the requirements of a common law marriage prior to that time, you do not have a common law marriage. Is there a reason why you could not have legally be married? Such a reason would also stand in the way of a common law marriage.

The mortgage probably has a "due-on-sale" clause that prohibits transferring any interest in the property without the prior written consent of the mortgage holder. Your boyfriend should check with the mortgage holder if he may add you to title.

If the mortgage holder gives written consent, your boyfriend may sign a new deed transferring some of his interest to you. You should consult an attorney to help determine how the two of you should hold title.

It is important for both of you to 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 out of the transaction; (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.