Legal Question in Family Law in Pennsylvania

I do not understand this, as the mortgage company would want to look to both spouses for payment. However, there are couples out there where only one spouse is the breadwinner so only he or she might be on the mortgage.

If both spouses are on the deed and the house was acquired during the marriage, then its marital. If a divorce occurs, the spouse who wants the home would buy out the share of the equity of the other spouse. If the spouse whose name is not on the mortgage wants it, the separation or settlement agreement might require that the purchaser refinance it solely in his or her name. If the spouse whose name is on the mortgage wants it, he or she may have to pay the other spouse by refinancing the home in exchange for which the payee spouse will convey his or rights to the spouse who wants the home.

Or the parties might agree to sell the house and divide any equity.

Your question though is one of financial responsibility for the house. As far as the mortgage company is concerned, only one name is on the mortgage and the lender will look to that spouse for payment. If the breadwinner dies, the surviving spouse will then have to pay if he or she wants to keep the house.

If the breadwinner does not pay the mortgage, then the lender is going to foreclose. Therefore, should a divorce occur, it would be wise for both of you to get family law attorneys to help you arrive at a workable solution regarding the house (either sell it or decide who will get it).