Legal Question in Real Estate Law in Pennsylvania

I currently own a home with my sister, both our name are on the deed.( Joint tenancy with survivorship). It is our childhood home. She cannot afford to buy me out at FMV or even if I fire sale at 100K. She will never move from the house and it would cause a huge family uproar if I take her to court and force a sale.

How can I leave the house, make her responsible for all taxes and upkeep without losing my interest in the house? I simply cannot live with her. I am here b/c of my father�s age and care of him., but once he passes I want to move away.


Asked on 2/12/11, 11:51 am

1 Answer from Attorneys
Rachel Hunter

Leave. Somebody has got to pay the taxes. If you do not contribute your share, she is going to have to pay them or else the property will be sold at a tax sale. However, if you leave, then she will have a claim against you for contribution. She may also have a claim for adverse possession after 20 years, not by simply paying the taxes, but only if the elements for adverse possession have been met.

It would be far better to draw up an agreement. Why not let her buy out your share? I do not understand why she cannot afford this. She can either take out a mortgage/equity loan just for your share or you can do owner financing. She will then be responsible for the taxes and maintenance and she can pay you a monthly sum. There are amortization schedules on the internet. You should keep a loan on the home so that if she defaults, you have a right to repossess (foreclose) on the home. And then you will get it all if she default.

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Answered on 2/15/11, 8:53 pm


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