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Changing form of ownership

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What is the name of your state (only U.S. law)? Pennsylvania

Is it possible to change this form of registration:

John Smith and Mary Smith, his wife, as Tenants by the Entirety and Ann Smith, Single, As Joint Tenants

to

John Smith and Mary Smith, his wife, as Tenants by the Entirety and Ann Smith, Single, as Tenants in Common.

If this is possible, do all tenants need to sign the new deed or just Ann Smith? Would Ann Smith's interest then be based on the amount of money she put into the purchase?

Thank you,
 


FlyingRon

Senior Member
Any joint tenant (either the married couple or the Ann Smith) can elect to change joint tenancy to tenancy in common.
What are you trying to get at?
The shares appear to be thirds now.
Deeds don't give a hoot who paid what.
If you want to apportion things other than equally, you'll need to explicitly put that. That will be different in just changing tenancy. You'll need to specifically deed from the current form to the new one.

It would behoove you to have a lawyer in all this. We can't even begin to guess what your best solution would be given the very small amount of information here.
 
more info

Sorry for the lack of information. I did not want to get to specific on family matters. However, if it will enable better information, here goes.

My mother was recently widowed at 87. After the dust cleared, she moved in with my brother and his wife. Shortly thereafter, he purchased a new home with her financial help. Needless to say, things are not working out with the living arrangements and she is considering going to a retirement home. Unfortunately, most of her money was put into this house which eliminates any other living arrangement. She is now concerned that given the ownership form on the deed, when she passes ownership will go to the two surviving tenants. She would like to eliminate that possibility. I realize this is all things she should have discussed with an attorney before she did it but she is 87 and I, living 1500 miles away, had no idea what was going on. She finally told me what went down and I pulled a copy of the deed to find out how it was made out. Incidentally, the mortgage is also in all three names.
 

FlyingRon

Senior Member
This situation definitely requires a lawyer. There are issue in addition to the house such as Medicaid eligibility you need to be careful with.
 

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