In Pa if only one spouse is on deed and they die intestate does surviving spouse get house.

Get Legal Help Today

 Secured with SHA-256 Encryption

In Pa if only one spouse is on deed and they die intestate does surviving spouse get house.

Who gets house if one
spouse dies intestate and
other spouse is not on the
deed.

Asked on October 13, 2019 under Real Estate Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

A husband and wife may own property as "joint tenants with rights of survivorship" (it will be listed on the deed). With survivorship, if one of them dies then the surviving spouse becomes the sole owner of the property. If there are no survivorship provisions, then they hold title as "tenants in common". In such a case, the surviving spouse retains half of the property but the remaining half goes into the deceased spouse's estate. Accordingly, ownership will be determined by their Will or, if there is no Will, by state law.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

A husband and wife may own property as "joint tenants with rights of survivorship" (it will be listed on the deed). With survivorship, if one of them dies then the surviving spouse becomes the sole owner of the property. If there are no survivorship provisions, then they hold title as "tenants in common". In such a case, the surviving spouse retains half of the property but the remaining half goes into the deceased spouse's estate. Accordingly, ownership will be determined by their Will or, if there is no Will, by state law. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption