Husband only on deed, wife out of luck?

June 19, 2007 7:51 AM

If a husband buys a house in his name only, would the wife have property rights? This is in Pennsylvania, regarding a newly purchased house to rent out, in a long-standing marriage, with significant but not total mingling of spousal finances.

By "property rights" I mean automatic transfer to her upon his death regardless of his will, recognition as a joint asset in case of divorce, etc.

More or less, I want to know how much it disadvantages the wife in Pennsylvania if the deed is only in the husband's name on a newly purchased rental property.

posted by NortonDC to law & government (8 comments total)

Do the husband and wife live in PA?
posted by amro at 8:07 AM on June 19, 2007

Yes, both live in PA, cohabitating in another house. Your basic married couple.
posted by NortonDC at 8:11 AM on June 19, 2007

This suggests to me that a Pennsylvania spouse could keep certain assets acquired before the marriage separate, but not assets acquired during the marriage. Not sure if I'm reading it correctly, though. It does specifically say that "the thing may be a marital asset even if it was acquired in only one spouse's name as long as it was acquired during the marriage." Even with this, I'm not sure what would happen to it if there was a will. And, the website seems specifically directed at divorce proceedings and does not discuss the instance of one spouse surviving another.

So it's a data point, but I'm not sure how to interpret it.

(PS: You're not divorcing me, right?)

Just kidding. I know the people this is about.

Right, honey?
posted by onlyconnect at 8:36 AM on June 19, 2007 [2 favorites]

Nope!
posted by NortonDC at 12:13 PM on June 19, 2007

I think if the spouse was working and contributing to the mortgage payments and upkeep of the house she'd be able to argue for a share in a divorce. I'd say the same thing if she were a stay at home mom, taking care of the children, while he worked, thus avoiding day care expenses.

As far as a will ... I have no direct experience with that.

If they are going to stay married, it might be worthwhile to get her name on the house.
posted by indigo4963 at 1:33 PM on June 19, 2007

Does PA have quitclaim deeds? That's what we used when we bought a house in IL.
posted by sugarfish at 3:25 PM on June 19, 2007

How does a quitclaim deed equalize the spouses's rights? My read on quitclaim deeds says they are a means of disowning a property, usually used when multi-party ownership is being consolidated in one person.
posted by NortonDC at 3:48 PM on June 19, 2007

My husband and I simply added my name to the Warranty Deed (on property he owned before our marriage), as joint tenants with rights of survivorship. Our title company did it easily and very cheaply. We then sent a copy to the mortgage company and the county clerks office.

Understanding quitclaim & warranty deeds on property

Warranty Deeds
posted by LadyBonita at 9:08 PM on June 19, 2007