Legal Question in Real Estate Law in Pennsylvania

Divorced with Real Estate

I am a 45 divorced woman. I was married for 19yrs. Started buying a house in 1997. I got divorced in 2001.With no property settlement thru a lawyer. I signed a hand written paper that my ex got notarized. That I would give up the house.He says the house is his not mine. But I saw it in the newspaper up for sheriff sale. It says mine and his name. He never reclosed the home. He never took me off the deed. Am I still an owner of a home? Also what other benefits am I entitled to? If he dies does the home go to me?


Asked on 1/12/05, 12:56 pm

2 Answers from Attorneys
Mark Johns Mark Johns, Esquire

Re: Divorced with Real Estate

If the house is sold at sherriff's sale and the proceeds do not pay off the mortgage you may be on the hook for the difference. You may need to go to court and have the court remove you from the property.

I offer free consultations.

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Answered on 1/12/05, 1:04 pm
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Divorced with Real Estate

Please note that in the event of a foreclosure, you will lose all interest in the property. Since you are liable on the mortgage obligation, your husband's default will destroy your credit. His default is your default under the obligation. I suggest you consult with a lawyer. If you are or someone on your behalf is in a position to purchase the property you may consider this as alternative. Going to court at this stage is not worthwhile in my opinion. Your credit should be your prime concern.

Gerald Hershenson 215-579-9390

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Answered on 1/12/05, 1:16 pm


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