Legal Question in Family Law in Pennsylvania

I have been divorced 2.5 years. In the divorce agreement, my husband was to retain ownership of the house, after he paid me a sum, however, he was to have my name removed and or refinance the mortgage and second mortgage to remove my name from both banks that carry the mortgage. Since the housing market is down, he was unable at that time to refinance. We requested that my name be removed, from primary and it was but the stipulation still reads that there is no release of financially responsibility to CHASE, formerly was WAMU. The second is with a bank, who will not remove my name without refinancing. Is there any way the "divorce" judge can force this issue? Is there anything else I can do? I would like to move and of course eventually buy my own home and this is preventing me from doing this, even rentals require credit checks etc, though my score is high, it looks as though I am paying out more because of the above. I have a disability which makes it more difficult to explain and stressful. Alimony is only for a specified length of time.


Asked on 8/01/11, 5:16 pm

1 Answer from Attorneys
Rachel Hunter

There is no remedy really. The only other alternatives are that you buy out your husband or that the house be sold . The judge can order a sale of the home, but as you know, this is a down market and you are not likely to get very much. I do not know what is owed or how much equity you will get or how badly you want out of this such that you would sacrifice any equity. I suggest that you talk things over with your former divorce attorney to know what can or can't be done and the cost of going back to court.

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Answered on 8/01/11, 9:57 pm


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