North Versailles, PA asked in Real Estate Law for Pennsylvania

Q: Sister's partner died. The mortgage is in his name. They're together 28 years but not married. She's not sure whats next

Payments not late. 22k payoff. She's on social security disability.

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1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: A big problem as Pennsylvania doesn't recognize common law marriage. Also, that wouldn't even apply if they didn't hold themselves out as husband and wife. In whose name is the property? If it's in the partner's name, the property goes to his estate.

Did he have a will? If so that governs. Otherwise it goes to whoever is entitled under the rules set out for intestate succession.

She or you may want to consult an estate attorney to see what her options are.

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