Legal Question in Family Law in Pennsylvania
I am divorced from my ex-husband and it was agreed that I would get our family home and maintain it, as I have for the past 3 years. It is written in our divorce decree that I will keep the home. Now, he's saying that I need to refinance it asap or he's kicking me out and taking over the house. Both our names are currently on the mortgage. Can he do this to me?
1 Answer from Attorneys
Very much depends on what the agreement actually says, so I would need to take a look at it to give you a meaningful answer. I very much doubt that he will be able to kick you out, but part of my concern is whether he can force a sale, or whether he is able to come back in. Without seeing the agreement, it is impossible for anyone to say one way or the other.
In real-world terms, your ex-husband is not unreasonable to want to be out from under the mortgage, and unless the agreement prevents it he has a certain amount of legal leverage to push matters in that direction.
Attorney Michael B. Greenstein
Pittsburgh, PA
www.spousealouse.com
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