Legal Question in Real Estate Law in Pennsylvania

home abandonment

My brother and I own a house together. He is talking of leaving the state and never coming back and no longer having contact with anyone ever again. He is not planning on taking his name off of this house though. If he actually leaves and has no further contact with me, I won't be able to make any changes to the home or refinance. Is there a period of time in which I could have his name removed so that I could do these things with the house?What are my rights?What are his?


Asked on 12/20/06, 8:41 pm

1 Answer from Attorneys

Douglas Humes Law Office of Douglas P. Humes

Re: home abandonment

It would be a far better solution to have him sign a deed to his share over to you before he left. I could get a form of quitclaim deed to you by e mail in a day. Otherwise, if he leaves as promised, you will likely have to file a lawsuit called a quiet title action, and claim and prove that he intended to abandon the property (so if you can, get him to say that in writing or in front of witnesses so that when you go to prove your case you have more than just your word). Is he does disappear into thin air, then you also would have problems serving him with notice of the lawsuit - and so might have to do so by advertising. It is not an insurmountable problem - but it can be a long and drawn out affair; and of course it can go quicker if you get a good judge who understands the issue. Still, much better to get something done before he goes if this is at all possible. Can't you offer to pay him for his share in return for a deed? Wherever he is going, he will need money.

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Answered on 12/20/06, 10:15 pm


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