Legal Question in Real Estate Law in Pennsylvania

Re: Removing my name from property deed

Was there a Court Order or a Property Settlement Agreement that required that ownership of your home be changed from both of you to your ex-wife only?

If so, your wife probably doesn't have to sign the deed, you may deed your interest only to her name. However, this may cause a default in the mortgage, which probably has a "due-on-sale" provision. That prohibits any transfer of an interest in the property without the prior written consent of the mortgage holder.

You may want to contact the mortgage holder to get such written consent, based on the court order or settlement agreement that was a part of your divorce.

If you transfer your interest by the deed to your wife, if she falls behind on the mortgage, you are still liable to the mortgage holder unless it releases you in writing and removes your name from the mortgage and mortgage note. Only the mortgage holder may accomplish this.

Perhaps your divorce lawyer could assist you in completing the arrangements that were part of your divorce, or you should consult with a local real estate lawyer, to make sure that you are not giving up rights but still have the liabilities.