Legal Question in Family Law in Pennsylvania
Divorce, inheritance, deed to house pt. 2
So if there is not a will and something should happen to him then his parent or parents could get part of our house?
It bothers me very much that he will not put my name on the deed. He told me he would before I paid off the house! Then in the weeks to follow he changed his mind. I paid off everything to make our marriage better and it has made it worse. He said because some of the things I say scare him?
He also just reciently got his own checking account, and took out a 20,000 home equity loan against the house without me knowing about it. (I found out by mistake) What would happen then if we divorced and he had the loan against the house?
1 Answer from Attorneys
Re: Divorce, inheritance, deed to house pt. 2
I'm sorry to hear you are having these troubles. Write down now everything you remember about your agreement with him to pay the expenses in return for a deed with you as co-owner. You could have an enforceable contract. He may have falsified something to get the loan. Ordinarily he couldn't get it without your signature. If you divorced, the loan would be an important issue. The resolution would mostly depend on what happened to the 20K. If it's in his account most of it should belong to you. If he paid marital bills or bought something marital then something else might happen. You could be entitled to "equitable reimbursement." These cases always are fact specific and the judges have wide discretion. So it is not possible to predict an exact outcome without more information. I'm not asking for more information; I am advising you to see an attorney for some "pre-divorce planning." Not me, I don't practice in Northhampton County.
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Asked 6/21/08, 1:44 am in United States Pennsylvania Family Law, Divorce, Child Custody and Adoption