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

Hi! My question is,can...

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?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

I am sorry, yes it is the state of Pennsylvania

Lawyer's Assistant: Has anything been filed or reported?

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.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

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: 125,320
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 10 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 10 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: 125,320
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 10 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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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