In Pa if only one spouse is on deed and they die intestate does surviving spouse get house.
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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 4 years 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 4 years 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.
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