Legal Question in Family Law in Pennsylvania

Signed a PSA with my Ex wife prior to our divorce. In the PSA it states . . .

The parties own as tenants by the entireties certain premises xxx . . .in PA. Finally, it is the agreement of the parties that Husband and Wife shall be entitled to continue residing at the residence until such time as the property is either sold or foreclosed upon.

Ex wife moved out on 11/2013. We got divorced in 2/2014. I lived in the property until I vacated the property on 5/2015 as I was moving to Europe. My Ex has "put" someone in the house without informing me about it, claiming she has the right to the house.

Question:

Does she have the right to the house after the divorce now being no longer my wife, considering she was never on the deed neither on the mortgage?

Thank you for your answer


Asked on 7/27/15, 6:49 am

2 Answers from Attorneys
Solomon Weinstein Solomon Weinstein, Esquire

The PSA should be reviewed along with the divorce decree to see what if any rights your x wife has in the property. I suggest you schedule an appointment with an attorney to review the situation.

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Answered on 7/27/15, 7:12 am
Matthew Nahrgang Nahrgang & Associates, P.C.

I agree with Mr. Weinstein that the first area of inquiry is the PSA. What is confusing is your statement that the property was never in her name, yet it is referred to as tenants by the entireties. That form of ownership only exists when property is owned together as part of a marriage. There are countless ways that the property could have been dealt with in the PSA, including, but not limited to, 1) sale upon one or both parties� agreement 2) proceeds to one party or split in a certain percentage 3) reimbursement for expenses and then splitting of proceeds 4) a mortgage taken back in favor of the one not in possession.

I trust this helps somewhat, but I would of course have many questions to better advise you. Feel free to call or e-mail on a free initial basis.

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Answered on 7/27/15, 8:13 am


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