16 replies to this topic

[brm880]

20 years ago my fiancee and I bought a property in pa. It was to be our home. Due to life's circumstance we never did get married. we purchased it in what was to be our married name, As a result of this the property is in his name as primary owner and my name with his surname as secondary owner. I have been financially responsible for this property since purchase and would like to get it in my sole maiden name. how can I accomplish this ???

[FindLaw_AHK]

Is your fiancee in agreement with such a transfer? You may want to consult with a local Pennsylvania Real Estate Lawyer to advise you on how to address this matter.

[pg1067]

the property is in his name as primary owner and my name with his surname as secondary owner.

I'm not sure what you mean by this. With the caveat that I obviously haven't seen your deed, if both names are on the title, then you're both just owners. There's no such thing as a "primary" or "secondary" owner.

I have been financially responsible for this property since purchase and would like to get it in my sole maiden name. how can I accomplish this ?

You're free to deed your interest from "Jane Smith-Jones" to "Jane Smith" if that's what you're talking about. If you're talking about getting your (ex-??) fiance's name off the title, you'll have to ask him to deed his interest to you.

[brm880]

havn't ask, this has been a prolonged situation that has worked for us induividually. Now I find that I am vulnerable to losing all I have invested and want to move on with my life. I am wondering what if any legal avenues are open to me

[brm880]

I'm not sure what you mean by this. With the caveat that I obviously haven't seen your deed, if both names are on the title, then you're both just owners. There's no such thing as a "primary" or "secondary" owner.




You're free to deed your interest from "Jane Smith-Jones" to "Jane Smith" if that's what you're talking about. If you're talking about getting your (ex-??) fiance's name off the title, you'll have to ask him to deed his interest to you.

My Pa deed lists him as primary owner and Me as secondary owner in what was to be my married name. only we neaver got married ???

[pg1067]

I'm uncertain whether your follow up posts call for any further response. If you have further questions, please clarify.

[brm880]

one of my main concerns is that the name on the deed is not my legal name.

[pg1067]

You need not be concerned about that.

[brm880]

what do you base that opinion on? to me it seems a serious concern?

[Ted_from_Texas]

Property is owned by people, not names. If you can establish that you are the person named on the deed or title (and presumably you can) then you can safely say the title is in your name, whatever that name is.

[brm880]

I can certainly do that through utilities, established legal address and other bills. Mail delieveries etc. What specific legal action would you suggest to begin getting this situation resolved? I realize there are a number of factors that dictate this but is there a general course of action you can recomend?

[harrylime]

If you are asking about getting rid of him as an owner, try throwing some money his way.

If that does not work, retain a real estate attorney and bring a suit for partition.

(I'm still not sure what that "primary/secondary owner" stuff is all about. An owner is an owner. That's why you can't just vote him off the island.)

[pg1067]

What specific legal action would you suggest to begin getting this situation resolved? I realize there are a number of factors that dictate this but is there a general course of action you can recomend?

As I said previously, "[y]ou're free to deed your interest from "Jane Smith-Jones" to "Jane Smith" if that's what you're talking about. If you're talking about getting your (ex-??) fiance's name off the title, you'll have to ask him to deed his interest to you." The only other option would be to sue for partition (i.e., a forced sale), but that would result in a public auction and might not result in you owning the house, which seems to be your goal.

[brm880]

Is it possible to find notary records from 1998. I know the notary and she is still a notary. What are the record keeping requirements

[harrylime]

What sort of notary records are you referring to?

And the bigger question Is: how do you think that would help you?

What is your end goal in this situation?

[brm880]

we had a written notarized agreement deeding his interest to me.. I have been unable to find it. I suspect it has disappeared. Notary records may resolve this .

[adjusterjack]

A notarized agreement deeding his interest to you is likely not a proper transfer of title and isn't likely to do you any good even if you find it.

And notaries don't keep copies of what they notarize just a record of what and for whom they've notarized.

Unless he signed a proper deed that was properly recorded then you still both own the property.