Legal Question in Real Estate Law in Pennsylvania

Property settlement

Our divorce property settlement signed in 1993 included the division of 2 residences of which both parties were to have the names of the other party removed. It also included that I was to be held harmless for my ex-husbands debts indicating he was responsible for any expenses I incurred from his debts. I remortgaged in 1994, removing his name but also having to pay 3 liens that were his debts (IRS 941 tax lien from his buisness and 2 medical bills) totaling over $24,000 not including 10 yrs of interest. I filed this month to petition for a jugement on the residence which still has my name on but have since been informed that the statute of limitions prevents me from any legal actions.

Does the statute of limitaions work both ways, since he never took my name off the property (states in property settlement that wife agrees to transfer title within 10 days of our agreement), and the property is going up for sale, am I part owner and have rights to receive half of the gains? Can he enforce removing my name from the property 11 years later and will I be ripped off for the monies I paid that were not my responibilities? Please note that he is also in contempt of court for another $25,000 owed for back child support.


Asked on 6/23/04, 10:12 am

1 Answer from Attorneys
James Apple Apple and Apple, P.C.

Re: Property settlement

You can probably go back to the Court that handled your Divorce and related issues to ask the Judge to issue a Rule to Show Cause why the Court should not hold your ex in Contempt of Court for not following the prior Court Orders. Also, if your ex did not remove you from the Deed on the property that was to be his alone, you are probably entitled to one-half of the net proceeds from the sale of that property. Further, the delinquent child support can be turned into a Judgment through the proper Court procedures, so you can have a lien on this property, which would be paid in full before any net proceeds are left to be split between you two. Please feel free to contact me with any further questions.

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Answered on 6/23/04, 5:44 pm


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