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My question is,can a name legally be removed from a lease if

Hi! My question is,can a...
Hi! My question is,can a name legally be removed from a lease if both husband and wife own the property? So that only one of them gets full ownership of the house?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I am sorry, yes it is the state of Pennsylvania
JA: Has anything been filed or reported?
Customer: Well my father left the house and there have been hearings for spousal support. My mother won the support, but we fear the next hearing will be to force the sell of the home. My mother is 88 and wishes to remain in the home until she dies.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can we let him (my dad) keep the spousal support and in turn let her keep the house, but his name removed from the lease and the remaining items that belong to him be collected by him.
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Answered in 13 minutes by:
8/16/2017
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 119,580
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, one spouse can remain owner of the home and have the other spouse removed by quit claim deed to allow the house to be in your mom's name only. This is something that needs to be ordered in the court and he would be entitled to compensation for his share of interest in the house. If he cannot be compensated for his share of the ownership interest in the house, the court can order him to remain on the deed and allow her to retain possession of the home and rights to live there or can order a sale. So her attorney will have to do some work to negotiate this into the divorce deal.
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Customer reply replied 3 months ago
Hi! Thanks so much for your response! I do have another question. Does the same rule apply, even if the house was a gift to my mother. The mortgage was paid in full. His overall contribution was minimal. Is he still able to force the sell of the house? Would she still be responsible to compensate him an order to keep the house, that is rightfully more hers?
Customer reply replied 3 months ago
It's okay. Thank you again for your initial response and I rate your answer with 4 stars.

Thank you for your reply.

If the house was a gift to your mother only and the deed is in her name, then she would keep the house and he would have no rights to claim the house.

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Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 119,580
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Law Educator, Esq. and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 3 months ago
Oh okay. Thank you so much and have a great evening! :) :)

Thank you very much. Have a good night.

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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 119,580
119,580 Satisfied Customers
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

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