Although banks will often require such conveyances in a matter-of-fact manner, they really do not need the conveyance if the other spouse is willing to sign the note in which case the bank would be just as secure as though A had transferred title to A and B. The property is now part of the marital estate, irrespective of the reason for the transfer.

The bank agrees to lend the funds only if A will convey to A and B as tenants by the entireties and both A and B sign the note and mortgage. Suppose A owns a property prior to marriage and after marriage decides to borrow funds to improve it. There is a common misbelief that joint tenancy implies survivorship (i.e., upon death of one of the tenants, the decedent’s undivided interest passes automatically to the surviving tenant), but it does not there must be something specific in writing, usually in the deed, or there is no survivorship.ġ.3. Incidentally, in Pennsylvania, contrary to what many active real estate practitioners may believe, there is no difference between ownership as tenants in common or as joint tenants (see Act of 1812, P.L. Note further that if they made unequal contributions to the purchase price when they acquired the tract, their respective percentage interests in the property will mirror their contributions however, if subsequent to the marriage they convey it to themselves as tenants by the entireties, each will be deemed an owner of an undivided one-half interest. Unless they convey it to themselves as tenants by the entireties after the marriage, each will continue to own an undivided interest in the property after the marriage and it will not be deemed marital property. Unless the deed manifests a different intention, they will own the property as tenants in common without survivorship (i.e., on the death of one of them, his or her interest will pass to the estate of the decedent not to the surviving tenant).

It is not uncommon for couples to acquire real estate jointly in anticipation of marriage. If either party acquires property prior to the marriage, for equitable distribution purposes it will not be deemed marital property unless the owner conveys it formally by deed after marriage to both spouses as tenants by the entireties if such a conveyance occurs it will be deemed marital property.ġ.2. But what of property acquired by either or both parties prior to the wedding?ġ.1. Property acquired by spouses after marriage is owned as tenants by the entireties (which automatically includes the right of survivorship) unless there is clear, written manifestation to the contrary. The following is intended as a practical guide to the attorney who is representing a client in a divorce proceeding in Pennsylvania where the parties own real estate:ġ. Considerations Relating to Pennsylvania Real Estate in a Divorce

Conveyance in real estate pa