Legal Question in Real Estate Law in Pennsylvania

Re: Mortgage

My name is Robyn Aghen and I am an attorney with Dessen, Moses & Rossitto in Montgomery County, Pennsylvania. Before I am able to properly answer your question, I will need some additional information but basically the only way to get someone's name off a mortgage is to refinance the property. Unfortunately, the mortgage company may require the Deed be changed into your name alone. This can only be done by all current owners signing the new Deed or court order. If you cannot locate the other parties, then you have two options.

If you were never married, you can file a suit to partition (divide) the property. If you were married, you may have to file for divorce and equitable distribution. If you are married and your spouse left, the property is marital property and subject to equitable distribution. Therefore, your spouse may be entitled to some value out of the property.

If you need any further attention, please feel free to contact me at [email protected].