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