Philadelphia, PA asked in Divorce and Real Estate Law for Pennsylvania

Q: Is there any way to avoid paying the property transfer tax in a divorce situation?

My ex-wife and I have a property settlement agreement in which I am buying her share of the value of our former marital residence. Is there any way to get her name off of the mortgage and deed without paying the state of Pennsylvania and Chester County transfer taxes? I don't really want to pay the transfer tax on the house that I'm just staying in and that I've already paid the transfer tax on once. There is a small balance on the property that I could pay off easily. What's the best way to do this. Thanks!

Related Topics:
1 Lawyer Answer
Mark Scoblionko
Mark Scoblionko
Answered
  • Allentown, PA
  • Licensed in Pennsylvania

A: There should not be a transfer tax on a conveyance from two former spouses to one ex-spouse as part of a divorce settlement. However, unless the mortgage holder will agree to remove the ex-wife's name from the Note and Mortgage, which would require a Release, you will have to pay off the Mortgage or re-finance.

You should review this with a family law attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.