How can someone obtain home for which they live in, have paid mortgage and all repair

[phillyhelpline]

Philadelphia, Pennsylvania

In 1991, an unmarried couple decided to purchase a home. The woman could not obtain credit approval, so the partner had the loan placed in his name only. They both split the down payment of $1,500.

For 3 years, they split the monthly payment, each $150. When he moved out, the woman paid the full amount of $300 per month, as well as all taxes for the next 12 years until the home was fully paid for, but deed still remained in his name only.

2017, the women still lives there with her great grandchildren and pays all taxes, repairs and any other maintenance required She recently paid over $8k for porch, roofing and plumbing and front steps cement repairs.

The man now lives in Texas, and is requesting $5k to have the deed transfered to her name. He says if anything happens to him or if he passes, she can have the home. (There is no will or anything in writing stating this.)

Does she have any rights at all to home ownership/ to have her name on the deed, without giving him $5k?

..And if she 'must' give $5k, how do we transfer deed with him in Texas?

Thank you in advance for your help.

 

[NIV]

Could there be any claim of a common law marriage? If so, rights would increase. But, for rights under some trust theory of ownership, it might just cost more than $5K to prove it up in court.

 

[latigo]

Philadelphia, Pennsylvania

In 1991, an unmarried couple decided to purchase a home. The woman could not obtain credit approval, so the partner had the loan placed in his name only. They both split the down payment of $1,500.

For 3 years, they split the monthly payment, each $150. When he moved out, the woman paid the full amount of $300 per month, as well as all taxes for the next 12 years until the home was fully paid for, but deed still remained in his name only.

2017, the women still lives there with her great grandchildren and pays all taxes, repairs and any other maintenance required She recently paid over $8k for porch, roofing and plumbing and front steps cement repairs.

The man now lives in Texas, and is requesting $5k to have the deed transfered to her name. He says if anything happens to him or if he passes, she can have the home. (There is no will or anything in writing stating this.)

Does she have any rights at all to home ownership/ to have her name on the deed, without giving him $5k?

..And if she 'must' give $5k, how do we transfer deed with him in Texas?

Thank you in advance for your help.

Does she have any rights at all to home ownership/ to have her name on the deed, without giving him $5k?

Getting her name on the title as it is would mean she owns only 50% and I don't think that is what she would want. But if so the only means of doing that without his cooperation would be for the court to impose a constructive trust. That is, briefly, he holds her one half ownership in trust for her use and benefit.

To end up with full ownership without his cooperation would take a quiet title action based on her exclusive use, 21 continuous years, etc. etc., but for several reason that is very problematic and would cost more than the $5000. So if he will deed over to her all of his interest for that figure she should jump at it.

If that will work for her, all that is needed is a quitclaim deed. But I would have the exchange of money for the deed handled by a Texas licensed Title Company or through the trust department of an N. A. bank local to the guy.

 

[HRZ]

RUn the points past more skills than mine ....may or may not fit your fact pattern .

1. Proir to 2005 if the couple held themselves out as married they may well have formed a valid common law marriage in PA.

2. In PA if a married couple takes title to a home in but one name the default title is presumed to be JTWROS ...lousy outcome if OP passes first.

3. ME , I think if "EX" will sign off on a deed drafted by OPs counsel for a mere $5000 ( plus attorney fee and likely the local transfer tax ) going to be the cheapest resolution around ???

I doubt 1+ 2 are solid points

 

[phillyhelpline]

Could there be any claim of a common law marriage? If so, rights would increase. But, for rights under some trust theory of ownership, it might just cost more than $5K to prove it up in court.

No claim to common law. But certainly inclined to have her just pay the $5k. Thank you so much for taking the time to respond!!

 

[phillyhelpline]

RUn the points past more skills than mine ....may or may not fit your fact pattern .

1. Proir to 2005 if the couple held themselves out as married they may well have formed a valid common law marriage in PA.

2. In PA if a married couple takes title to a home in but one name the default title is presumed to be JTWROS ...lousy outcome if OP passes first.

3. ME , I think if "EX" will sign off on a deed drafted by OPs counsel for a mere $5000 ( plus attorney fee and likely the local transfer tax ) going to be the cheapest resolution around ???

I doubt 1+ 2 are solid points

#3 agreed! Thank you so much for your response!

 

[phillyhelpline]

Getting her name on the title as it is would mean she owns only 50% and I don't think that is what she would want. But if so the only means of doing that without his cooperation would be for the court to impose a constructive trust. That is, briefly, he holds her one half ownership in trust for her use and benefit.

To end up with full ownership without his cooperation would take a quiet title action based on her exclusive use, 21 continuous years, etc. etc., but for several reason that is very problematic and would cost more than the $5000. So if he will deed over to her all of his interest for that figure she should jump at it.

If that will work for her, all that is needed is a quitclaim deed. But I would have the exchange of money for the deed handled by a Texas licensed Title Company or through the trust department of an N. A. bank local to the guy.

Great advice!! Thank you so much. Yes, I believe she wants to cut all ties with him after all of these years and the $5k would be a minimal cost to do so. Thank you for taking the time to respond!

 

[HRZ]

I would spend a few extra bucks to have a deed prepared by a licensed RE attorney in PA ( which may or may not be a quit claim deed ) AND a title search prior to handing over my $5000 for a valid signature properly witnessed .

A store bought quit claim might or might not work....but now is not the time to cut corners....if the guy wants $5000 to drop entirely out of equation you want that locked in before he changes his mind and seeks more ....

PS the transfer tax in Phila is now a bit over 4% ...cross that bridge later ...perhaps a few well chosen words in her attorney prepared deed can reduce that to O ....the applicable rate for some intrafamily transfers .