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?
1 Answer from Attorneys
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.
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