Legal Question in Real Estate Law in Pennsylvania

Transfer of Home Ownership upon Death of Spouse

If a home has only one spouse's name on the mortgage, and that same spouse dies, does the house automatically go to the surviving spouse or does the State determine who receives the house? Does having dependent children affect the State's decision, and if so, how?


Asked on 10/17/01, 5:59 pm

1 Answer from Attorneys
Brandon Barnett Brandon J. Barnett Attorney At Law

Re: Transfer of Home Ownership upon Death of Spouse

Deeds and mortgages are two different items. Are you on the deed and not on the mortage.

The mortgage is the commitment to pay the loan, you need to read the mortage to determine who pays if the mortgagee dies.

As far as property transfers that depends on the will and the heirs. You should consult an attorney for more clarification.

My office is in Pittsburgh.

Brandon Barnett 412-916-1677

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Answered on 11/23/01, 10:48 pm


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