Legal Question in Real Estate Law in Pennsylvania

Tenants in common

My fiance and I have been living together for eight

years and in 1995 we purchased a house together. She

now wants to remove my name from the deed and will

everything to her two children. Can she do this?

Also, since we are not married, do any of our

children, both hers and mine have any rights to this

property that we both jointly own? What can I do to

protect my share of this property?


Asked on 4/17/01, 9:49 am

2 Answers from Attorneys

Richard O'Neill The O'Neill Law Office

Re: Tenants in common

If you helped purchase the house and your name was put on the deed when you purchased the house your finance cannot simply delete you off the deed. You would have to consent to having your name removed and sign a new deed to that fact.

As for what rights the children have to the property after you die, it depends on how you own the property with you finance. If you own it jointly then when one of you dies the other gets everything, no matter what any will says. If you own it in some other fashion, other than joint, then it will depend on how you own it. For example, you could own the property with the right to transfer you 1/2 (if that is what you own) of the property to your children. But the other person would still own their half, but now with your children instead of you.

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Answered on 6/11/01, 4:30 pm
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Tenants in common

As long as you are not married you have an undivided one half interest in the property if the property is held as "tenants in common". If the property is held jointly with the right of survivorship, the survivor gets full title to the property on the death of the other. The original deed of conveyance has to be reviewed to determine the ownership of title. Ownership can change only with the signing of a new deed. Suggest you refuse to sign any deed and consult an attorney immediately to fully understand the facts of the case. If I can be of any assitence please call me at 215-579-9390. Gerald Hershenson

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Answered on 6/11/01, 4:33 pm


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