Legal Question in Real Estate Law in Pennsylvania
can she take over the house?
i know a girl who's boyfriend bought a house and they both lived there together till he ended up in jail, he will be gone for 2 years. she is trying to avoid forclosure by getting roomates/and another live-in relationship and paying off the mortgage, which is in his name, can she legally take over the house by being the primary person paying off the debts? could he sign it over to her. or does this have to wait till he comes out.and how does her credit come into this?
1 Answer from Attorneys
Re: can she take over the house?
If her boyfriend wants to transfer the house to her, he may, subject to approval of the mortgage holder. If her credit is not good, they may not permit the transfer.
However, if she is willing to keep up the payments while the boyfriend is incarcerated, she may do so. It does not give her an ownership interest in the house, unless the boyfriend and she sign an agreement stating what interest she will get based on her payments. The agreement should also require him to transfer the interest to her.
He may sign documents even while he is incarcerated, but probably special arrangements need to be made so that a notary public will be present to take the acknowledgment on the agreement and/or deed.
Such an agreement and transfer of title should be done with the assistance of a real estate attorney so that the title to the property is properly maintained.
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