Legal Question in Real Estate Law in Pennsylvania

My mother financed a home for my husband and I when we were first married. My mothers name is on the mortgage and my husband and I are on the deed. My husband left me and hasnt made a payment on the house for a year. I have been making all the payments for the past year myself. My question is...when I sale the house, is he entitled to any profit?


Asked on 4/18/12, 12:19 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

You will not be able to sell the house unless he also signs the contract and the deed to the buyer. He will be asking to share in the net proceeds as a condition for signing.

See a local real estate lawyer about negotiating with your husband so that you can buy him out or force him to buy your interest. Otherwise, you may have to bring a lawsuit for partition. This will result in a court-ordered sale with division of the net proceeds. Those proceeds will be substantially lower, or none at all, because of the additional costs of the litigation.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 4/18/12, 1:28 pm


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