Legal Question in Real Estate Law in Pennsylvania
Which sister gets the house?
My sister and I are joint tenants with rights of survivorship of a property that my father was a life tenant until his passing in May of 1999. The house has been empty since his death. My sister is now being evicted from her current residence and wants to move in to above mentioned property. I have a buyer for property and she has been informed of this prior to my knowing of her eviction. She has not helped me pay any of the taxes for the property since my father's death. She hasn't paid any of the expenses incurred because of his death either. Can she legally move in even though I am part owner and she hasn't paid anything toward any of the bills, and if she is able to move in can I charge her rent?
3 Answers from Attorneys
Re: Which sister gets the house?
This is a complex situation and requires you to engage a lawyer because you may have issues you do not realize. For example, you may need to raise an estate for your father where the expenses between you and your sister can be resolved. I am assuming you and you sister owned the real estate (with survivorship rights) and your father had a life estate which both of you gave him. If so, and the 2 of you can not agree on how to handle the home, that is whether to sell it or lease it, you can petition the court to sever the joint ownership. The court will appoint a trustee to sell the property and divide the net proceeds. Obviously, this will be costly to you both. You can lease the property to your sister and she must pay rent etc whtever the lease agreemnet provides. But if she is already being evicted from another place, she probably will be a good tenant.
Re: Which sister gets the house?
When you and your sister own a property as joint tenants with right of survivorship, you have to find a way to agree on the use or sale of the property, or seek a court direction by filing an action for "partition". Like any other litigation, this will be costly and time consuming, and it would be better for both of you to reach an agreement without going to court.
It is possible for one owner to live in a jointly owned house, but usually the owner living in the house would be responsible for taxes, maintenance, etc., and also for paying rent to the other owner, who will not have the use of the property. But if you and your sister cannot agree, or if she is not financially responsible, this will be a problem.
A partition action may result in a court ordered sale of the property, with division of the net proceeds of sale between you and your sister.
You cannot sell the property without your sister's also signing a deed to your buyer.
Because there are many aspects to this type of ownership, you should consult a real estate attorney to guide you through your options and responsibilities.
Re: Which sister gets the house?
If your sister and you can not agree, you may bring a legal action to force the sale of the house. Thst can be an expensive procedured. Your sister should be responsible for one half the taxes. Suggest that you consult with an attorney if you have not done that already. She also should pay rent, but her eviction leaves that in
serious doubt.
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