QUESTION
Can I sell my house that is only in my name without my husband signing off?
Asked on Nov 04th, 2021 on Divorce - Pennsylvania
More details to this question:
The house was bought in 2001 a few weeks prior to our marriage and my name is the only one on the deed/title/mortgage. We are getting divorced now. Can he stop me from selling the house without him "signing off"? I moved out because he won't leave until he knows how much he's going to get from the sale of the house. I am now having to pay the mortgage and all the household bills as well as my apartment rent and bills.
1 ANSWER
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Marital property is defined as property acquired from the date of marriage to the date of separation and includes any increase in value of any assets acquired prior to the date of marriage. Accordingly, the equity earned during the marriage is marital. You can sell the house without his consent, but he can obtain a court order to prevent that and seek that any proceeds be placed in escrow pending settlement or equitable distribution. If he does not file such a Petition, I strongly suggest that the proceeds be put into a separate account so that it will be easier to account for and distribute any marital property.
I trust this answers your question, and if you are in the Delaware Valley, do not hesitate to call or email on a free initial basis.
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Matthew R. Nahrgang, Esquire
35 Evansburg Road, Ste 400
Collegeville, PA 19426
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Answered on Nov 08th, 2021 at 10:39 AM