Legal Question in Real Estate Law in Pennsylvania

Re: jointly owned property after divorce

I am heading out the door to mediate a case with facts that are relevant to the question you are asking. The divorce decree should clearly state what happens with all marital and non-marital property. Most Final Judgments have language that say it will operate to transfer title if either party does not sign a deed pursuant to the agreement. If (as in my case) through error or neglect, the Final Judgment does not dispose of the property, either party may seek a partition, or a court process to force the division or change in title to a property.

Re: jointly owned property after divorce

Your divorce action should have settled how the property would be divided or retitled. If it did not, your joint ownership [if you originally took title as "husband and wife", and/or it said "as tenants by the entirety" was converted to a "tenants in common" ownership by reason of your divorce. The property cannot be sold by only one of you.

The only way to force a sale is by a legal action in court for "partition". There are many expenses involved in doing this, so if you and your ex can work out an agreement to sell and divide the net proceeds, and stick to that agreement, you will both be better off.

Be sure to consult a knowledgeable real estate lawyer to make sure that your agreement is properly documents and to assist you in going through the sale.