Legal Question in Real Estate Law in Pennsylvania

Re: buying a property without husband's sugnature

Yes you can. But your husband may acquire a marital interest in the property that could become an issue in a divorce proceeding or if you were to die while still married, even if separated. If you and he are separated or in the process of doing so, it's best to try and make an agreement with him in which he disavows any interest in your condo (and you would do the same with respect to any property he acquires).

Re: buying a property without husband's sugnature

Under PA law, either spouse can own property independent of the other. However, such property could be considered marital if there is a divorce. Certainly any increase in value would be marital.

I trust this has been helpful, but feel free to call or e-mail on a free intial basis.

Re: buying a property without husband's sugnature

What the replies suggest is correct, namely, that while you can purchase w/o your husband's signature, there is an inference that this asset is part of the marital pot, and what's more, that you are using marital funds to buy it, unless you can show the funds you are using came to you separate from what you brought in into the marriage,such as from an inheritance or gift to you only. In that scenario, in a divorce context, you can argue the condo is not in the marital pot for distribution. Moreover, if you are getting financing to buy the condo, the lending bank will not "buy into" it unless your husband also signs along with you so that he is co-obligated, since he will "own" the rights to claim.