Legal Question in Family Law in Pennsylvania
who gets the house
my husband and i have been married for two years and have bought a house together. the deed is in both of our names but the mortgage is in just his. i have children and he does not. i provide for more that 75% of our income and primarily pay the bills. he does not make enough to keep himself let alone the house. do i still have a leagal right to the house even though i am only on deed not mortgage. grounds for divorce are abuse.
2 Answers from Attorneys
Re: who gets the house
The house will be subject to "Equitable Distribution" of the court if you and your husband can not agree on what happens to the house (who gets it or is it sold). That does not always mean a 50-50 division of the house. Try to come to an agreement with your husband see if you can buy him out of the house. Anything you work out is better than fighing about it in court.
Re: who gets the house
You miss the point of a mortgage. The mortgage is secured by the house. If you are not on the mortgage then you cannot be required to pay on the mortgage.
It comes down to a question of what goals do you have? If you want to keep the house then you will do so, but you must be prepared to either take over the mortgage or get a new mortgage.
Because both your names are on the deed but only his is on the mortgage then the lender cannot foreclose on the entire house. What can happen is that the lender can foreclose on the mortgage and take your over husband's portion. At that time, they will seek a partition, which is a specific lawsuit that will force the sale of the home to satisfy. The proceed of the sale will be split evenly bewteen you and the lender. If the proceeds to the bank are less than the amount due on the mortgage this is known as a deficiency. Your husband would remain responsible for the deficiency without recourse to you. If the proceeds to the bank exceed the amount due on the mortgage then the excess would go to your husband.
In either case, your proceeds from the house would be half the equity less any your portion of any costs of sale.
Now you need to use these facts in leverage in whatever proceedings you are contemplting. By the way, if the abuse is physical you need to engage an attorney immediately to protect you, your children and your rights. This would include getting a restraining order immediately. Please consult your local women's shelter for assistance.
If you would like to proceed, please give me a call at the number on my LawGuru page or email me and I can call you.
Regards,
Roger Traversa
email: [email protected]
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