Legal Question in Real Estate Law in Pennsylvania
property division
In the state of PA, I was granted bifurcated divorce. No property real or otherwise was divided. My ex is still in the house we both purchased. While separated, he filed bankruptcy before we were divorced. After the divorce, I filed--name removed--chapter 7 in 2000. I want to know if there is anything I can do to have my name removed from the deed, so that the delinquent joint property will not keep appearing on my credit. Any help or suggestion would be appreciated.
1 Answer from Attorneys
Re: property division
Getting your name off the title to real property requires the following:
1. If there is a mortgage on the property, the lender or holder of the mortgage has to consent in writing to the change in title. If you simply record a deed without getting such consent, that act alone could be a default permitting the mortgage holder to require immediate payment in full of the mortgage balance.
2. To protect yourself, you also want the lender or mortgage holder to release you in writing from your obligations on the Mortgage Note, otherwise you would be out of title but still responsible for the repayment of the loan.
3. To remove your name from title, you have to sign a deed transferring your interest to your ex and have the deed recorded.
The key is to be sure that you have the necessary written consent and release from the mortgage holder.
You may want to have an attorney assist you in documenting this, or at least review any documents between you and the mortgage holder.
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