Legal Question in Real Estate Law in Pennsylvania

My husband left me and our children April 28, 2016. On April we had refinanced our home adding his name to mortgage. Up until that point our mortgage was in my name and listed only on deed. That was nine years. Our refinance went through on April 14 and he left 14 days later. The mortgage company that we went through accepted mortgage with our names but I am still the only one listed on title. I want to remain in our home with our kids but he won't pay any of the new mortgage. Does it matter that only my name is listed on deed?


Asked on 7/01/16, 8:03 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

The lender insisted on his name also being on the mortgage because of any interest he might have under family law equitable distribution, in case there was a divorce. However, you are still better off with only your name on the deed. Are you able to maintain the mortgage payments yourself? Or was the mortgage based on his credit? You should be consulting a local family lawyer and real estate lawyer - perhaps there is someone with both skills - to help you determine your rights as soon as possible, especially with dependent children to care for.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Read more
Answered on 7/01/16, 8:37 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Pennsylvania