Legal Question in Family Law in Pennsylvania

Re: Marital Home

You asked about selling a marital home.

My colleague is correct as far as he goes but failed to mention an action in partition.

This is a court order that forces the sale and ultimate distribution of the proceeds. Normally a purchasing party is amenable to being involved in this as it will give them a clear title and doesn't usually involve protracted litigation.

You need to hire an attorney to proceed, but it should be a rather simple matter to prosecute.

Regards,

Roger

Re: Marital Home

Among other things his incarceration maybe grounds for a divorce action.

As part of a divorce action she could seek equitable distribution.

The bad news is that may not allow her to sell the house without his consent.

Assuming the house was bought while they were married its owned as tenants of the entireties. This is a special type of tenancy that prevents one spouse sell real property without the consent of the other spouse. So absent an order or his permission it will be impossible to sell the house.

If you have any questions feel free to contact me. The initial consultation is free.

{John}