QUESTION
My name is on the deed to our house, but not on the mortgage. If I want to file for divorce what right do I have to the house?
Asked on Sep 23rd, 2021 on Divorce - Pennsylvania
2 ANSWERS
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I agree with the other answer. Since I am a PA attorney, I can advise you on a free initial basis.
I assume the mortgage was obtained before your name was put on the deed. Either way, if your name is on it, it is marital property and your property under PA law, generally.
The first step is to file a divorce case. Then we can try to negotiate a settlement of the marital estate. If settlement is not possible, the matter will require litigation to obtain your equitable share.
I hope this answers your questions, and, if you live in Southeastern PA, feel free to call or email on a free initial basis.
Best Regards,
Matthew R. Nahrgang, Esquire
35 Evansburg Road, Ste 400
Collegeville, PA 19426
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nahrganglaw.com
Answered on Oct 08th, 2021 at 9:29 AM
You should check with a Pennsyvania attorney, because the law varies somewhat by state, but if the house was marital property (i.e. purchased during the marriage with marital funds) both spouses are entitled to an equitable share of any equity in it, regardless of whose name is on the deed or the mortgage (BTW, I cannot believe that any lender would give your husband a mortgage loan on which you are not obligated secured only by property of which he is not the sole owner. Are you sure? This would really put the lender at risk). Equitable does not necessarily mean equal, it may depend on the spouses' relative contributions to the purchase and upkeep of the house and the marriage in general, but in marriages of long duration, it usually is 50/50, at least in New York, and especially if this was the marital residence, as opposed to investment property.
Answered on Sep 23rd, 2021 at 5:16 PM