Legal Question in Real Estate Law in Pennsylvania

Re: Divorce, inheritance, deed to house

You haven't really asked a question.

You asked about a number of scenarios any of which could play out a number of ways. You really need to speak with an attorney about your situation to see how to protect yourself. If this is a matter where there is no impending divorce or death then matters would play out one way.

If this is a matter where you just don't feel comfortable because of his obstinacy then you should probably seek counseling of another type. (I don't mean to flippant.)

As to a divorce, there is no court that would not divide the assets equitably just because a spouse's name is not on the deed. For purposes of the law married couples are considered a single person. In this case, the amount you inherited and which were used for marital debts would be returned, probably in whole with and possibly with interest, from the proceeds of a sale of the property. In addition, you would be likely to receive one half of the equity of the home after deducting the inheritance amount. Not all attorneys will agree, but in my opinion that would be the outcome.

As to having a will, there is no justification for married persons not to have wills. None. Period. Without a will the property transfers according to the laws of intestacy, through a process known as probate. The spouse inherits with lessor amounts provided for offspring, and potentionially other family.

Even with a will it would be tremendously difficult, if not impossible to disinherit a spouse.

Simply put, dear husband is not only being a jackass, but is ill-advised to continue in this manner. If the parties were both on the deed, then it is more likely that the property would be split evenly in a divorce. Without both names it is much more likely that the equity would be split after deduction of the inheritance.

Contrary to what your husband believes, it is likely you that are in a much better position in a divorce, and possibly even on his death.

Regards,

Roger

Re: Divorce, inheritance, deed to house

Just to add to my previous response.

There is the potential that the sole person named on the deed could encumber the asset (such as take a mortgage) and squander the proceeds (lost gambling is not uncommon situation).

This is one scenario where you would be left out in the cold, literally and figuratively. There are means to protect yourself from such a situation and an attorney can best advise.

Roger