Legal Question in Real Estate Law in Pennsylvania

post divorce home

I am divorced, husband still living in marital home, and is to be making mortgage payments. Marital Agreement states home to be sold, proceeds split. The home is up for sale, but not selling. Ex has stopped making monthly payments, thus jeopoardizing my share of the equity. I have offered to move out of my present apt. and move myself/kids back in, (providing he moves out) to pay mortgage to stop foreclosure warnings. He is refusing to move out. As I cannot afford both rent and a mortgage, and he is showing no interest in taking care of the mortgage; what grounds can I use in court to have him ''evicted'' to stop his sabotage? ''Buying him out'' is not a feasible option right now. I have been told there is somthing called a ''petition to stop marital waste'', what is this? would a petition like this end up as just a ''slap on his wrist''? Please advise. If it matters, I have physical custody of our two minor kids. Also of note-he is already in contempt of the marital prop. agreemt for nonpayment of $ owed for joint credit card debt. HELP!


Asked on 8/13/01, 3:00 pm

1 Answer from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: post divorce home

I suggest you immediately consult with legal counsel. There is a Petition for special relief that can be filed. However, I suggest you do so immediately or you can have your equity jeapodized. The entire facts must be reviewed.

Gerald M. Hershenson 215-579-9390

Read more
Answered on 8/14/01, 12:14 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Pennsylvania