QUESTION
Do I have the right to sell my home during a divorce filing?
Asked on Jan 13th, 2017 on Residential Real Estate - Pennsylvania
More details to this question:
My husband and I have been separated for 1 1/2 years. He is living in the home not paying the local municipal taxes. The home dead is in my name only. The home has no mortgage but a home equity line of credit. I have been paying the home equity line of credit. A notice of lien has been received from the county tax office. Can I legally sell the property?
1 ANSWER
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The property is likely an asset subject to marital distribution in the divorce proceeding. As such, it would be unwise for you to try and sell it out from under your husband. From a practical standpoint, any potential buyer would want your husband to sign off on the deed in order to obtain clear title so you'd need your husband's cooperation anyway. If he's not paying the bills you can certainly seek the court's intervention to require him to pay if he wants to continue living there or get out and allow you to sell it. The proceeds of the sale will likely be held pending the final distribution of your marital estate.
Answered on Jan 30th, 2017 at 10:57 AM