Legal Question in Family Law in Pennsylvania

Re: Remove my name from the mortgage

If the divorce order does not specify that she must assume mortgage you may need the Court to modify the order. I would politely ask her first to send in the application even offering to pay the other $58( a lot cheaper than suing)

Re: Remove my name from the mortgage

Because your settlement agreement does not require your wife to make application to assume the mortgage on the property, you may not force her to do so under the terms of this agreement. A property settlement agreement is a contract in itself and limited to its own terms - it is generally not modifiable for "fairness" at a later date. As you are now in a position of wanting something more from your wife, you are, in reality, seeking a new agreement - a new separate "contract". Perhaps, viewed in this light, you may creatively think of an offer which might make it worth her while to undertake the assumption of the mortgage and free you from this burden for the future.

Marital property and separation agreements should always be drafted with specificity and not merely be "form settlements" in order to avoid these kinds of problems.

I wish you the best. Feel free to call our office if I can be of any assistance to you.

Ilene Young, Esquire/ Civil & Family Practice/215-444-0445

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