Do I need both signatures?

Q: I have been living in a mobile home with my mother for the past six years. She just recently passed away and the mobile home is in both her name and her ex-husbands. He wants to pay off the mobile home and sell it. Are both their signatures needed to sign the title over? (West Mifflin, PA)

A: You need an attorney to look at their divorce papers as well as the title to the mobile home. The divorce papers can be found in the Department of Court Records in the City County Building or you may be able to access them at the Allegheny County DCR website. Many divorces end with a settlement agreement which spells out each party’s rights in regards to property. If there is no such agreement, then the answer lies in how the mobile home was titled. If it was titled as husband and wife, it would have been held by the entireties (survivorship) up until the divorce. The divorce would have severed the entireties and then the mobile home by operation of law would have been held as tenants in common. Tenants in common is a joint interest with no survivorship. Therefore, if this is the case, the ex-husband and your mother’s heirs now own it. The ex-husband needs the signature of your mother’s estate. Again, the paperwork needs to be looked at before this advice can be followed.

ESTATE LAW, JOINT PROPERTY, DIVORCE, TENANTS IN COMMON

View Attorney Profile

William R. Pelger

Licensed since 1987

Member at firm Pelger Law

AWARDS

Champion Badge Silver

RECENT POSTS

  • Can the value of husband and wife realty be included in an estate?
    Posted on June 30, 2019
    Topic: Wills and Probate

    Q: My father started taking Donepezil for dementia in 2012. In 2013 he had a psychotic episode that required him to be placed at a behavioral health facility and being prescribed Quetiapine. On or about the day he was discharged from the facility my absent brother of 50 years became his Power of Attorney. Since then ... Read more

  • What should I do if my autistic son was arrested for retail theft?
    Posted on June 30, 2019
    Topic: Juvenile Law

    Q: My 16-year-old autistic son went to a store last week by himself. He was arrested for stealing $5.53 worth of donuts and candy. He was cuffed and taken to a police station to be fingerprinted and all without me. When I got there, I was not able to go in the center. My son ... Read more

  • Is it illegal if her boyfriend sleeps in the same bed as her children?
    Posted on June 30, 2019
    Topic: Sex Crimes

    Q: A mom who has 2 minor children, ages four and seven. She has her boyfriend living with her and the children. He is sleeping in the same bed with the mom and children. And I will add, this “boyfriend ” drinks every day in front of the children,. A recent accident happened while the two ... Read more

William R. Pelger

Licensed since 1987

Member at firm Pelger Law

AWARDS

Champion Badge Silver

RECENT POSTS

  • Can the value of husband and wife realty be included in an estate?
    Posted on June 30, 2019
    Topic: Wills and Probate

    Q: My father started taking Donepezil for dementia in 2012. In 2013 he had a psychotic episode that required him to be placed at a behavioral health facility and being prescribed Quetiapine. On or about the day he was discharged from the facility my absent brother of 50 years became his Power of Attorney. Since then ... Read more

  • What should I do if my autistic son was arrested for retail theft?
    Posted on June 30, 2019
    Topic: Juvenile Law

    Q: My 16-year-old autistic son went to a store last week by himself. He was arrested for stealing $5.53 worth of donuts and candy. He was cuffed and taken to a police station to be fingerprinted and all without me. When I got there, I was not able to go in the center. My son ... Read more

  • Is it illegal if her boyfriend sleeps in the same bed as her children?
    Posted on June 30, 2019
    Topic: Sex Crimes

    Q: A mom who has 2 minor children, ages four and seven. She has her boyfriend living with her and the children. He is sleeping in the same bed with the mom and children. And I will add, this “boyfriend ” drinks every day in front of the children,. A recent accident happened while the two ... Read more