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I am selling my property that I acquired in 2016 in West Chester, PA (Chester County). At the time of purchase, I was married to but separated from ex for 11 years. I filed for a 3301(d) divorce myself in Chester County in Pennsylvania in 2018 and the decree went through in early 2019. Ex resides in Florida, so acceptance of service was by certified mail. I remarried in 2019 in Pennsylvania and moved to Wallingford, PA (Delaware County). We rented the property out since then. Now, the UW of the title company is asking for a marital separation agreement or spousal waiver form from my ex-husband. I contacted ex and he said that he would sign the waiver, but he is not giving us any indication that he will return a notarized spousal agreement by Wednesday when the settlement is scheduled. We tried using the Notarize online service. Do we actually need the spousal waiver notarized or is the Notice to Defend enough
1 ANSWER
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A divorce decree not only dissolves the bonds of matrimony, but resolves any equitable distribution issues. Accordingly, if assets and debts have not been addressed and incorporated into a divorce decree, neither party has any rights regarding property of the other. If the house was in your name, only, the title company is wrong to require any further action. One option is to suggest that the buyer obtain another title company.
Kindly note this response is only based on the facts provided. If the facts are actually different, the answer may be also.
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Matthew R. Nahrgang, Esquire
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Collegeville, PA 19426
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Answered on Sep 07th, 2021 at 10:57 AM