Legal Question in Real Estate Law in Pennsylvania

I live with my husband of 6 years in California. We were married in Pittsburgh, Pennsylvania. Many years prior to our marriage I became joint owner of a home in Pittsburgh along with my sister. The home is paid off. My husband is not listed on the deed. I do not have a will. If I precede my husband in death, will he have any legal rights to my property?


Asked on 12/10/10, 4:26 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

First off, I cannot even attempt to answer questions about issues that are governed by California law.

In Pennsylvania, rights to the Pittsburgh home would depend on how the deed shows your and your sister's name. If it says you and your sister, "as joint tenants with right of survivorship" or "JTWROS", if you were to die before your sister, it would automatically become hers alone.

If the deed did not include such language, you and your sister would be what is known as "tenants in common." This means that each of you owns a 1/2 interest in the property, unless the deed or some other evidence shows that you intended some other division of interests. The interest of a tenant in common is part of that owner's estate and would be disposed of in accordance with a will or the Pennsylvania Intestate Succession law.

Under Pennsylvania law, a surviving spouse has a claim for a portion of assets of the deceased spouse. California law may not treat the interests of husband and wife in the same way.

If the property is owned as tenants in common, upon your death, your interest would have to be disposed of under an "ancillary" administration of the estate in Pennsylvania. The main estate administration would be in California.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 12/15/10, 6:18 am


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