Legal Question in Real Estate Law in Pennsylvania

My mom and I co-own a home in Pennsylvania. If one of us was sued, can we be forced to sell the house? For example, if I am in an accident and found at fault, and the other party sues me for damages, could the courts force my mom (and me) to sell the home in order to pay the settlement? Or, since my mom had no part in the accident, is the house "safe"? Thank you. (Sorry, not really sure under what category this falls)


Asked on 8/01/10, 3:17 pm

1 Answer from Attorneys

That's ok - its partly a real estate issue and partly a collection/litigation issue. You say you and your mom co-own a home. Do you own in equal shares? If so you are joint tenants. If you own unequal shares, how much does your mom own? Do you own? It could make a difference. What is the land worth? Is it encumbered by a mortgage?

The answers may dictate if any creditor would force a sale or not. Your mom is not liable for your debts and you are not liable for her debts. Since your mother owns part of the land, if the land were sold, any mortgages would have to be satisfied and then your mother would have to be compensated for her share. The creditor could then attach your share. Would a sale bring in that much? Probably not - sales never bring in much and they cost money to do. Most creditors would wait until the land is sold. In that case, the creditor will take your share of the equity at the time of any sale and apply it to the judgment. Judgments on land last for 5 years and can be renewed every five years after that.

Do you not have car insurance? It would have to be an accident with a high dollar value in damages and a lack of or an inadequate level of insurance for you to be concerned about assets. To protect the house, you might have your mother buy out your share of the home. If its owned free and clear, then you can transfer your share to her and have her give you the value of your share. She actually has to buy it - you just cannot give it away if you think you might be sued because of the fraudulent conveyance law. What you can then do is stash the money away for a rainy day. You also can file bankruptcy if you are liable.

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Answered on 8/06/10, 9:21 pm


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