Legal Question in Real Estate Law in Pennsylvania

How can you be on the mortgage but NOT on the deed? If your husband bought the home before he was married, this would be considered separate property for divorce purposes. I am not suggesting a divorce, but there would be consequences if your husband just added you to the deed as he would then be making this marital property. For estate law purposes, it would be better if you were on the deed as if your husband passed away, the home would pass to you automatically. Also, owing land as a tenancy by the entireties (husband and wife) would serve to protect the land from the claims of creditors of either of you. My point is that there are reasons both for and against adding you to the deed and that is something you should discuss with your husband. However, I do not understand why you would be obligated on the mortgage if you do not have an ownership interest in the property.

I am not a tax attorney but I do not understand your post about your tax liability. The IRS has an ownership/occupancy test for capital gains. The first $250,000 is excluded if you meet the test. The values may be increased for married couples so in that respect any capital gains on the sale may be affected if your husband is only on the deed. But it would depend on the value of the property. I would suggest that you discuss potential tax liability with a CPA if your husband is considering a sale of the home as I do not know what is basis in the property was, what the property is worth at the time of any sale or what it would likely sell for and the amount of the mortgage so I don't know whether your husband would be looking at a gain or loss.