Legal Question in Real Estate Law in Pennsylvania

Quit Claim Form

My fiance and I share a house. The mortgage is in his name, as is the deed and title. However, I pay half of all expenses. What form do I need to use to get my name added to the deed and title, so that we are both listed as equal owners. He has agreed to add me to the title and deed, just unsure what form to use for Philadelphia, PA.


Asked on 2/14/09, 12:21 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: Quit Claim Form

If you change the title, that may be a default of the mortgage. The lender made the mortgage loan based on your fiance's credit, and may be concerned about adding your name to the deed. A default would permit the lender to require that the entire mortgage be paid immediately.

You may contact the mortgage company and ask if it will approve adding your name to title to the house. If it does give approval, be sure to get it in writing.

I don't know where you would get a form deed. The deed is not the only thing needed, there are other documents that have to be recorded. A transfer tax equal to 4% of the fair market value of the house must also be paid at the time a deed is recorded.

It may be better for you to seek a lawyer to prepare the deed documents and advise you about other things you should take into consideration. Among other thing to think about is to have a co-owners' agreement, that spells out what each person's rights and obligations are. For example, in case one person wants to leave, there should be a method for buying that person's interest. You should also spell out how you allocate the value of each person's interest, including who contributes and in what proportion to the expenses and maintenance of the house.

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Answered on 2/14/09, 9:43 pm


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