My Adult Son Co-Signed My Pennsylvania Mortgage and Is On the Deed — Can His Problems Cost Me My Home?

Adding an adult child as a co-borrower and co-owner on a Pennsylvania home is a decision many older parents make for credit or estate-planning reasons — but it exposes the home to every financial problem that child develops. Under Pennsylvania law, a judgment entered against any co-owner in the county where the property sits becomes a lien against that co-owner's fractional interest under 42 Pa.C.S. § 4303. That means your son's creditors, the IRS, or a future divorcing spouse can attach his share — and in some cases force a partition sale of the entire home.

How Does Co-Ownership Liability Work in Pennsylvania?

If the deed lists you and your son as joint tenants or tenants in common, each of you owns a legal interest. Pennsylvania recognizes three forms of co-ownership under 68 Pa.C.S. § 110, and unless the deed specifically creates a joint tenancy with right of survivorship or tenancy by the entireties (which is unavailable to parent-child), you are most likely tenants in common. Creditors can reach a tenant in common's share through a judgment lien, and under Pa.R.C.P. 1551–1574 any co-tenant — or a creditor standing in his shoes — may file a partition action to force sale of the property.

Because you also co-signed the mortgage note, his late or missed payments are reported on your credit file. According to the Consumer Financial Protection Bureau, roughly 38% of co-signers end up making payments the primary borrower missed, and about 28% see their credit score drop as a result.

What Are Your Legal Options?

You generally have four paths, and the right one depends on whether your son will cooperate:

1. Refinance in your name only. If your credit and income now support a solo loan, refinancing removes him from the mortgage. He would need to sign a deed transferring his interest back to you — typically a quitclaim deed recorded under 21 P.S. § 351.
2. Buyout and deed transfer. You purchase his equity interest for fair value, documented by a written agreement and recorded deed.
3. Partition action. If he refuses to cooperate, you can petition the Court of Common Pleas for partition. This is a last resort — it can force sale of the home.
4. Protect against creditors proactively. A family law or estate attorney can advise on whether a homestead exemption under 42 Pa.C.S. § 8123 or transfer to a revocable trust (done before any judgment attaches) helps. Transfers made after a creditor's claim exists can be unwound as fraudulent under Pennsylvania's Uniform Voidable Transactions Act, 12 Pa.C.S. § 5104.

What About Your 17-Year-Old Daughter?

Because you are 60, disabled, and have a minor child at home, the risk of losing housing stability has downstream custody and support implications. If there is any existing Pennsylvania custody or support order, a sudden housing loss can trigger modification motions. Review your Pennsylvania divorce checklist and gather the mortgage, deed, and co-signer agreement before meeting with counsel.

This situation is time-sensitive. Before your son's financial problems produce a judgment that attaches to the home, find a Pennsylvania family law attorney who handles property, elder-law, and co-ownership disputes. The Divorce Questions hub has additional guidance on property and housing issues during and after divorce.

This is general information, not legal advice. Consult a Pennsylvania family law or real estate attorney about your specific situation.