Legal Question in Family Law in Pennsylvania
Selling a home during separation
My wife and I met 10 years ago. She was divorcing and kept the house her and her previous husband had. Her name is on the deed and mortgage. Mine is not. We have been married for 4.5 years. We are separating and is talking about selling the house and relocating. Since I am not on the deed or title am I entitled to any of the equity we have built up over the last ten years? Thank you.
2 Answers from Attorneys
Re: Selling a home during separation
You asked about proceeds of a home on separation or divorce.
This can get particularly messy. You are not entitled to anything on the house as a matter of right but could file a claim.
Under that claim you could seek some of the proceeds from the sale of the home at least as to any increase in value in the last 4.5 years. You could also seek quantuum meruit for any increased value of the home due to your contributions, such as if you built or paid for a large improvement.
You should consider speaking with one or more attorneys regarding the separation. In your case, and if your wife is amenable then it would be very good for you to seek out an attorney who is skilled in collborative family law.
Regards,
Roger
Re: Selling a home during separation
Maybe but the house is not part of your marital estate so its not subject to equitable distribution.
As the deed is the title document and your name isn't on it so its not yours.
If you have any questions feel free to contact me. The initial consultation is free.
{John}