Real Estate · Estate Planning · Pittsburgh
You Just Bought a House in Pennsylvania: What the Deed Actually Says
The closing is done. The keys are yours. The deed has been recorded under 21 P.S. § 351. What most buyers do not look at until something forces the question is how the deed is titled. Joint tenancy with right of survivorship and tenants in common are not the same thing. They produce different outcomes at death, at divorce, and when a co-owner stops cooperating. The choice is made at closing and is rarely revisited until it matters.
Most buyers spend months looking at houses and an afternoon at closing. The deed gets recorded and filed away. The question of how it is titled — and what that means if something changes — rarely comes up until death, divorce, or a dispute forces it. Understanding what you own and how you own it is the right question to ask before something forces it.
How the deed is titled determines what happens to the property if one owner dies, if the owners divorce, or if one owner stops cooperating. That choice is made at closing and does not change automatically when life does.
Call 412-351-4422 or schedule a consultation to review how your property is titled and whether it matches your current situation.
What applies to your situation?
We bought together but are not married.
Unmarried co-owners are almost always tenants in common by default. Each owns a divisible share that passes through their estate at death — not automatically to the other owner. If something happens to one of you the other does not automatically get the house.
We just got married and one of us owned the house before.
Marriage does not automatically add a spouse to the deed. The property stays in the original owner’s name until a new deed is recorded. Whether and how to add a spouse involves tax, Medicaid, and estate planning considerations.
We want the house to go to the survivor automatically.
Joint tenancy with right of survivorship accomplishes this. The surviving owner receives the property automatically outside probate. But it must be explicitly stated in the deed — it does not happen by default just because you are married.
I want to leave my share to my children, not my co-owner.
Tenants in common allows each owner to leave their share to whoever they name in their will. If you have children from a prior relationship or want your share to go somewhere specific at death, tenants in common preserves that option.
I want to add a family member to the deed.
Adding someone to a deed is a transfer. It may trigger gift tax reporting, restart a Medicaid lookback period, and expose your home to that person’s creditors. The consequences are not visible in the deed itself.
The house has a mortgage. What happens if one owner dies?
The mortgage does not disappear when a borrower dies. The loan stays attached to the property. If no one continues making payments the lender can foreclose regardless of whether probate is pending or heirs have been identified.
Joint Tenancy vs Tenants in Common: The Difference That Matters
Pennsylvania recognizes two primary forms of co-ownership for real property. Joint tenancy with right of survivorship means that when one co-owner dies the surviving co-owner automatically receives the deceased owner’s interest outside probate. The property does not pass through the estate and is not controlled by the will. Tenants in common means each co-owner holds a divisible share of the property that passes through their individual estate at death according to their will or Pennsylvania’s intestate succession law. A tenant in common can leave their share to anyone — a child, a sibling, a charitable organization — and the surviving co-owner has no automatic claim to it.
Pennsylvania does not presume joint tenancy. Without explicit language in the deed creating a joint tenancy with right of survivorship, co-owners are presumed to be tenants in common. Married couples who buy a house together and assume the survivor will get the property automatically may be surprised to learn that the deed as written does not accomplish that. The language in the deed controls. For a full discussion see our page on deeds in Pennsylvania.
Tenancy by the Entireties: The Married Couple Option
Married couples in Pennsylvania have a third option that unmarried buyers do not: tenancy by the entireties. Under Pennsylvania law property held as tenants by the entireties is owned jointly by the married couple as a single unit. Neither spouse can transfer or encumber the property without the other’s consent. And critically — a creditor of one spouse alone cannot reach property held as tenants by the entireties. Only a joint creditor with a judgment against both spouses can enforce against the property.
For married couples where one spouse has business exposure or personal liability risk entireties ownership protects the family home from that spouse’s individual creditors. A judgment against one spouse for a business debt cannot reach the family home if it is held as tenants by the entireties. At death the property passes automatically to the surviving spouse the same way joint tenancy does. The protection dissolves at divorce — at that point the property converts to a tenancy in common. For married couples buying a home in Pennsylvania tenancy by the entireties is worth discussing with an attorney before closing.
What Happens to the House When One Owner Dies
If the property is held as joint tenants with right of survivorship the surviving owner receives the deceased owner’s interest automatically. An affidavit of survivorship is typically recorded at the Allegheny County Recorder of Deeds to clear the title and establish the surviving owner as the sole owner of record. No probate is required for the property itself. Pennsylvania inheritance tax still applies to the transfer — even joint tenancy property is subject to inheritance tax when it passes at death.
If the property is held as tenants in common the deceased owner’s share passes through their estate. If there is a will the share goes to whoever is named. If there is no will Pennsylvania’s intestate succession statute determines the distribution. The surviving co-owner does not automatically receive the deceased owner’s share and may find themselves co-owning the property with a stranger — or with a family member they never anticipated as a co-owner. For a full discussion see our page on what happens to a mortgage when the borrower dies in Pennsylvania.
The Mortgage After Death: What the Lender Can Do
The mortgage does not disappear when a borrower dies. Under the federal Garn-St. Germain Act lenders cannot accelerate a mortgage when it is transferred to a surviving spouse or a family member who inherits the property. But if no one is making payments the lender can foreclose regardless of whether probate is pending, heirs have been identified, or the estate is in the process of being administered. The property is the collateral. The lender’s rights attach to the property, not the borrower.
A surviving spouse or heir who wants to keep the property needs to either qualify for refinancing in their own name or continue making payments on the existing loan while the estate is administered. A property that goes into default during the administration of the estate creates complications that are far more expensive than keeping the payments current. Someone needs to be responsible for the mortgage from the first month after the death — not after the estate is settled.
Adding Someone to the Deed After Closing
Adding a person to a deed after closing is a transfer of a partial ownership interest. In Pennsylvania that transfer is recorded at the county Recorder of Deeds and is subject to realty transfer tax unless an exemption applies. Common exemptions include transfers between spouses and transfers to a trust. Adding a child, a parent, or a partner who is not a spouse does not qualify for the spousal exemption and may trigger realty transfer tax on the value of the interest transferred.
Adding someone to the deed also has gift tax, Medicaid, and creditor exposure implications. A transfer that exceeds the annual gift tax exclusion may require a gift tax return. A transfer made within five years of a Medicaid application restarts the lookback period and can affect Medicaid eligibility. And the person added to the deed has an ownership interest that their creditors can potentially reach. These consequences are not visible in the deed itself. For a full discussion see our page on adding someone to a deed in Pennsylvania.
Buying a House Before Getting Married
Couples who buy a house together before marriage are almost certainly tenants in common. Each partner owns a divisible share. If one partner dies without a will their share goes to whoever Pennsylvania’s intestate succession law sends it to — which may not be the surviving partner. An unmarried partner has no automatic inheritance rights under Pennsylvania law. A will naming the partner as beneficiary of the real estate interest is the only reliable way to ensure the property goes where intended.
After marriage the couple may want to convert their tenancy in common to a joint tenancy with right of survivorship. That conversion requires a new deed. It does not happen automatically when the marriage license is signed. The deed controls and the deed stays as written until a new one is recorded.
The House in a Trust
Placing a house in a revocable living trust transfers ownership from the individual to the trust during the owner’s lifetime. At death the trust continues without probate and the trustee distributes the property according to the trust terms. For owners with real estate in multiple states a funded revocable trust avoids the ancillary probate — a second probate proceeding required in each additional state where real property is held — that would otherwise be required. Pennsylvania does not impose a separate transfer tax on transfers to a revocable trust created by the owner.
A house in a trust is still subject to Pennsylvania inheritance tax when it passes to beneficiaries at the owner’s death. The trust avoids probate but does not eliminate the tax obligation. For a full discussion of how real estate fits into an estate plan see our page on whether you need a trust in Pennsylvania.
A Pittsburgh couple bought a house together before getting married. The deed read “as tenants in common” — the default under Pennsylvania law when joint tenancy language is not used. They married two years later and never updated the deed. The wife died unexpectedly without a will. Under Pennsylvania’s intestate succession statute her half of the house passed to her parents, not to her husband. The husband found himself co-owning the house with his in-laws. He could not sell or refinance without their consent. They could not force a sale without a partition action. What would have taken fifteen minutes at closing — explicit joint tenancy language — took fourteen months and significant legal fees to resolve after the fact.
Pennsylvania real estate recording requirements are governed by 21 P.S. § 351. Realty transfer tax is governed by 72 P.S. § 8301 et seq. Intestate succession is governed by 20 Pa.C.S. § 2101 et seq. Real estate title disputes are handled through the Pennsylvania Court of Common Pleas.
Frequently Asked Questions About Buying a House in Pennsylvania
Does it matter how the deed is titled when we buy a house together?
Yes significantly. Joint tenancy with right of survivorship means the surviving owner gets the property automatically when one owner dies. Tenants in common means each owner’s share passes through their estate according to their will or Pennsylvania intestate succession law. Pennsylvania does not presume joint tenancy — without explicit language in the deed creating a joint tenancy, co-owners are tenants in common. The language in the deed controls the outcome at death.
We are married. Does my spouse automatically get the house if I die?
Not automatically. Whether the surviving spouse gets the house depends on how the deed is titled, whether the property was in one name or both, and whether there is a will. If the property is held as joint tenants with right of survivorship the surviving spouse receives it automatically outside probate. If it is in one spouse’s name alone it passes through that spouse’s estate according to the will or intestate succession law. Marriage does not automatically create joint tenancy.
What happens to the mortgage when the borrower dies?
The mortgage stays attached to the property. The lender cannot accelerate the loan when it transfers to a surviving spouse or family member who inherits the property under the Garn-St. Germain Act. But if no one makes payments the lender can foreclose regardless of the estate administration status. Someone needs to be making the mortgage payments from the first month after the death. A property in default during estate administration creates complications that are far more expensive than keeping the loan current.
Can I add my spouse to the deed after closing?
Yes. Adding a spouse to a deed requires recording a new deed with the county Recorder of Deeds. The transfer between spouses is generally exempt from Pennsylvania realty transfer tax. Whether to add a spouse to the deed and in what form — joint tenancy, tenants in common, or through a trust — depends on the estate planning goals, any Medicaid considerations, and how the couple wants the property to pass at death. It does not happen automatically when you get married.
We bought the house before we got married. Should we update the deed?
Probably. A house bought by an unmarried couple as tenants in common means each partner’s share passes through their individual estate at death — not automatically to the surviving partner. After marriage many couples want to convert to joint tenancy with right of survivorship so the survivor gets the property automatically. That conversion requires a new deed. It does not happen automatically when the marriage license is signed.
What are the risks of adding a child or parent to the deed?
Adding a child or parent to a deed transfers a partial ownership interest to them. That transfer may trigger gift tax reporting if the value exceeds the annual exclusion. It restarts the Medicaid lookback period for the transferred interest. And it exposes the property to the added person’s creditors — if they have a judgment against them that judgment becomes a lien on the property. These consequences are not visible in the deed. Review them before recording the transfer.
A house is usually the largest asset a family owns and the one most likely to create complications at death or divorce without the right structure. A deed review, a will that addresses the property, and a coordinated estate plan cost a fraction of what it costs to fix a titling problem after the fact. Most buyers never look at the deed again after closing. The right time to review it is before something forces the question.
Part of the When Life Changes series. For related topics see our pages on deeds in Pennsylvania, adding someone to a deed, what happens to a mortgage when the borrower dies, and residential closing in Pennsylvania.