QUESTION

I need to take my name off a house.

Asked on Jul 20th, 2013 on Real Estate - Pennsylvania
More details to this question:
I own a house with my ex, its been 7 years since I've moved out. We owe 80k on mortgage and 20k on equity loan. I want him to refinance I remove my name from loan and off the deed. Can a judge force him to refinance. I have been asking him for months now. There is equity in the house I don't want any of it just my name off of it. Is that possible? Will I have to get a lawyer or can I just do it civilly? Please help me.
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1 ANSWER

Civil Litigation Attorney serving York, PA at Law Office of Glenn J Smith, PLLC
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You indicate that you own a house with your "ex".  My answer assumes that you both owned it while you were still married.  If that is the case, I would suggest referring to your property settlement agreement contained in your divorce.  If the agreement did not address the disposition of your home, and he does not wish to do anything about, you remaining option is most likely a civil action referred to as a partition action.  A partition action contains two parts: (1) the court determining whether the real estate is capable of being divided [it's a house so that's the easy part - no]; and (2) determining each of your shares to the house.  For the later part, there are formulas recognized by the court; however, it is not a simply process nor is it an inexpensive proposition. From there, either party can buy the other's share or if no agreement can be reached the property will be sold and the proceeds distributed. I have been involved in a number of these actions.  If I may be of any assistance to you, please contact my office.
Answered on Jul 22nd, 2013 at 3:26 PM

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