Legal Question in Real Estate Law in Pennsylvania
My husband and I are seperated. My original proposal was that we put the house on the market and go our separate ways when it sold. But he wanted to "buy my half", which I agreed to. He has not yet, however, and both of our names are on the mortgage. He pushed me to move out, then began seeing another woman immediately. What are my legal rights as far as homeownership right now? He claims it's not my house anymore because I "left him", signed a rental lease, and he paid the mortgage himself this past month, although there have been plenty of months I paid the mortgage when he was not making money. Is he really able to keep me from stopping at the house to see and care for our cats? If he is not home for the weekend, am I not legally entitled to sleep overnight in the house? When he refinances in his name, I am entitled to half the equity?
2 Answers from Attorneys
You still both own the house as tenants in the entireties. Unless he files an application for special relief you are entitled to access the marital residence. To do that there has to be a divorce action filed.
{John}
I agree with Mr. Davidson. In addition, I suggest you move to partition the property immediately, because your credit is still connected with the mortgage. Partition is when a divorcing couple splits the house by allowing one party to purchase the other party's share of the house. If neither party can afford to purchase the other's share, then the court will allow the property to be sold to the general public with the couple splitting the sale proceeds. In your case, the partition should be done through a divorce action. Don't let this issue linger; the longer you wait, the more complicated it becomes. Good luck.
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