Legal Question in Real Estate Law in Pennsylvania
My husband and I have been married for 16 years. My name is not on the deed to our house. The property was bought before we were married, and the framing of our house began the day before our wedding. If something were to happen like a divorce or death to my husband, would I have any legal rights to the house/property? We live in PA.
1 Answer from Attorneys
If your husband has a will he can leave the property to you. Also you have a right to elect against the will if for some reason he did not mention you in the will. Regarding divorce a portion of the value of the property would be excluded in the value of dividing property. However appreciation would e included in equitable distribution. As to the house itself you may have some difficulty unless it is specifically left to you or you are added to the deed. I would think if you have real concerns you should either discuss this with your husband or if there are other issues consult with an attorney to discuss how the facts of your situation apply.