Legal Question in Real Estate Law in Pennsylvania

Re: Property question

The question is whose name is on the deed. If her name isn't on the deed how does she prove ownership?

Her name on the note only makes her personally liable for the mortgage.

Could she try to sue you over the profit? Probably would she be successful? Based on your facts and possession of evidence it would seem unlikely.

That said given the money involved it would be worth it to have the situation examined by a lawyer. Assuming you'll get one to assist you with the sale he'd be the one to ask.

If you have any questions please feel free to contact me, the initial consultation is free.

{John}

Re: Property question

If both of you are the legal owners of the property, the only way to force a division of the property or the proceeds of a sale is to sue for "partition". Once you begin such an action, your ex may be more amenable to negotiating, because the cost of the litigation will eat up profits and leave little for her to share in.

Even if she does not agree to a sale and dividing the net proceeds, you may continue with the partition action, and ask that more of the proceeds be allocated to you because your were the only one who paid the mortgage and maintained the property.

If you simply stop making the mortgage payments, your own credit may be adversely affected, so I do not recommend doing that.

If your wife's house is in her name only, her credit and assets should not be affected by any legal action against you, but it may be possible that judgments against you would attach to your "equitable distribution" interest in your wife's house. This means that if you ever get an interest in the house, or if you and your wife divorce, the judgment would attach to your interest.