Legal Question in Family Law in Pennsylvania

my husband and i are in the process finalizing our divorce. we have a house together and no children. my attorney says she can finalize the divorce in a matter or a few days; however my name will remain on the house.

my attorney sent my husband a settlement agreement stating he has to refinance the house to buy out my portion and pay for the quit claim deed i will have to file. unfortunately, he is not co-operating.

my question is: what are the consequences of leaving my name on the house if i finalize the divorce (the waiting period is past 2 years and i don't need his signature)? he pays the mortgage late but i does get paid. i understand i run the risk of maybe him not paying at all and it going in to foreclosure.

Just need advice.

n. l. davis


Asked on 4/28/14, 9:26 am

1 Answer from Attorneys
Rachel Hunter

You have an attorney so why are you asking questions here? Its not fair to either your attorney or the attorneys here. Your attorney has access to information and facts about your case. No attorney here does. And its unethical for other attorneys to intervene when you are represented.

Your post suggests that you are on the mortgage to the home. Divorce has no bearing on you being on the title or mortgage. You will still be on the deed to the home and on the mortgage after the divorce. The only difference is that your ownership of the home will be as tenants in common rather than as tenants by the entirety (available to husband and wives).

The problem is that if you divorce and you are still on the mortgage then the mortgage loan is reported on your credit. So all of those late pays are affecting your credit. And if your husband one day stops paying the mortgage you will still be liable on it.

If the husband is not cooperating, then you need to buy out the share of the husband and sell the property and get yourself out from under the mortgage. This will only get worse once the divorce is granted as there will be issues. The time to resolve this is now.

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Answered on 4/29/14, 10:27 pm


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