Question 1

How much is the transfer tax in Bucks County?

Accepted Answer

2% of the total consideration on an arm's-length sale, split 1% state and 1% local. Consideration includes any existing mortgage the buyer assumes or takes subject to. On a gift or other transfer for no consideration, the tax is based on computed value instead: assessed value multiplied by the county's CLR factor. Some transfers are exempt: spouse to spouse, parent to child, into a revocable trust, and divorce-related transfers. A Statement of Value (REV-183) may still be required to claim an exemption.

Question 2

Do I need a lawyer for a real estate closing?

Accepted Answer

Pennsylvania does not require it, but it is strongly recommended. Title companies handle paperwork; they do not protect your legal interests. A lawyer reviews the agreement of sale, identifies problems before closing, and ensures the deed and settlement statement are correct. For a transaction this large, the cost of review is trivial compared to the risk.

Question 3

How do I get someone off a deed?

Accepted Answer

Usually the person on the deed signs a new deed transferring their interest. You generally cannot remove someone on your own. If they will not cooperate, your options run through a court, such as a partition action, equitable distribution in a divorce, or a quiet title action, or you can negotiate. The type of deed matters: quitclaim, special warranty, or general warranty each carry different levels of protection.

Question 4

My parent added me to the deed as joint tenant to avoid probate. Is that a good idea?

Accepted Answer

Usually not. While it does avoid probate, it creates gift tax issues, exposes the property to your creditors, causes the parent to lose control over the property, and can unintentionally disinherit your siblings. A revocable trust almost always accomplishes the same goal with fewer risks.

Question 5

What is a partition action?

Accepted Answer

A legal proceeding to force the division or sale of co-owned property when the owners cannot agree. The court may appoint a hearing officer to handle the case. The property is divided in kind if that can be done without prejudice to or spoiling the whole, and sold if it cannot. Proceeds are distributed according to ownership interests, accounting for each party's contributions.

Question 6

What is a quiet title action?

Accepted Answer

A lawsuit to establish clear ownership of property. Common situations: missing heirs on a deed, old unreleased mortgages, conflicting deeds, or adverse possession claims. The court issues a decree settling ownership, which is then recorded to clear the title.

Question 7

My contractor filed a mechanic's lien. Can they do that?

Accepted Answer

If they provided labor or materials to improve your property and you did not pay, generally yes. The lien must be filed within 6 months after the contractor finishes its own work, notice of the filing must be served on you within one month after filing (49 P.S. § 1502(a)), and the claim must include specific statutory information. You can challenge it if it was filed late, for the wrong amount, or does not meet formal requirements. A mechanic's lien can block a sale or refinance, so address it promptly.

Question 8

What is the CLR factor?

Accepted Answer

The Common Level Ratio (CLR) converts assessed values to estimated fair market values. Bucks County's CLR is 17.86 (July 2026 through June 2027). Multiply assessed value × 17.86 to approximate market value. This matters for transfer tax, assessment appeals, and estate valuations.

Question 9

Can I buy a house if I have a judgment against me?

Accepted Answer

Yes. Under 42 Pa.C.S. § 8141, a purchase money mortgage can take priority over judgments already entered against you. Two conditions apply. A mortgage from a lender other than the seller counts as a purchase money mortgage only if the mortgage expressly states that it is one, and the mortgage must be recorded within ten days of its date to take priority from the day it was delivered. The judgment lien still attaches to the property in a subordinate position.

Question 10

I prepared my own deed using an online template. Is that risky?

Accepted Answer

Very. Template deeds often leave out elements the Recorder of Deeds checks for, such as the Uniform Parcel Identifier (UPI) where the county requires it, or a Statement of Value (REV-183) where one is required. The Recorder can reject a deed for those omissions. An error in the legal description is a different problem: it may not be caught at recording and can surface later as a title defect.

Question 11

My neighbor's tree fell on my property. Who pays?

Accepted Answer

Generally, each owner is responsible for damage on their own property caused by healthy trees that fall in storms; this is considered an act of nature. However, if the tree was dead, diseased, or the neighbor was on notice it was dangerous and failed to act, they may be liable for negligence.

Question 12

What is a purchase money mortgage?

Accepted Answer

A mortgage given as part of the same transaction in which the buyer acquires the property. Under 42 Pa.C.S. § 8141, a purchase money mortgage takes priority from the moment it is delivered to the lender, ahead of judgments already entered against the buyer, but only if it is recorded within ten days of its date. Recorded later, its priority runs only from the day it is left for record. A mortgage from a lender other than the seller is not a purchase money mortgage under the statute unless the mortgage expressly states that it is one.

Question 13

Can an unmarried couple who co-owns property get a “property divorce”?

Accepted Answer

Unlike divorce, there is no equitable distribution framework for unmarried couples. If you co-own property and cannot agree, a partition action is the remedy. The court divides the property in kind when that can be done without prejudice to the whole, and orders a sale when it cannot. A house usually cannot be divided, so a sale is the common outcome. That sale is first offered privately among the co-owners. Defendants who own a majority in value may object in writing and ask that the whole property be awarded to them at the court's valuation, subject to paying the other owners their shares.

Question 14

My parent added my sibling to a bank account and now my sibling claims all the money. What can I do?

Accepted Answer

If the account was set up as JTWROS, the surviving joint tenant legally owns the balance. However, if the account was a 'convenience account' (added for bill-paying purposes, not as a gift), the other heirs can challenge ownership in Orphans' Court.

Question 15

Where do I file for eviction?

Accepted Answer

It depends on whether a landlord-tenant relationship exists. Under the Landlord and Tenant Act, a tenant includes anyone who occupies the property with the owner's express or implied consent, including under an oral lease or where the owner accepted rent. To evict a tenant, a landlord usually files at the Magisterial District Court, though an ejectment action in the Court of Common Pleas is also available. If the occupant is not and never was a tenant (for example, a squatter, or usually a buyer under a failed land contract), the Act does not apply, and the usual civil remedy is an ejectment action in the Court of Common Pleas. Whether a family member is a tenant depends on the facts.

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