Legal Question in Real Estate Law in Pennsylvania

I am legally separated from my spouse. We own a home together. My name is on the deed and on the mortgage. We also have a home equity loan in both names. My soon to be ex recently came to me and said that he was refinancing the home mortgage and states that he wants me to sign the papers. He says that this refinance will add 6 years to the loan but will save money in the long run. He is threatening to take my name off the deed if I do not sign the papers. Is this legal? Is it possible for him to remove my name from the deed without my knowledge? Is he legally allowed to refinance the home mortgage without my agreement? Thanks in advance for your answer.


Asked on 2/28/10, 4:21 pm

1 Answer from Attorneys
Michael McCulley McCulley Law LLC

Is there a property settlement agreement or any other agreements between you and your spouse? This would certainly affect your rights. Generally your name can not be removed from a deed without your signature, unless someone has power of attorney to sign for you. I suggest you make an appointment to meet me or call me on my cell phone at 302.358.6595 to discuss further, as your facts are more complicated than what you have described above.

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Answered on 3/10/10, 4:22 am


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