Q: Does my Fiance' owe her ex husband any money if she refinances the house out of his name?
They bought the house together and he lived there for 2 years before he packed his things and moved out. She stayed and paid the mortgage for the following 2 years while they were separated, they got a divorce a year ago. There's nothing in the divorce papers about the home. She wants to refinance the house out of his name as he had abandoned it 3 years ago. He is saying that if that happens he would be owed half of the house worth or at least half of the 2 years he had lived there. This is in Pittsburgh, PA. He makes threats like this all of the time, is it true?
A: If his name is on the deed he owns the house with your fiance. A house purchased during the marriage is considered marital property and all claims for equitable distribution (i.e., the division of marital assets) must be brought prior to the entry of the divorce decree or they are lost.
Please feel free to visit my website to learn more about equitable distribution, marital and non-marital property. http://www.pafamilylawyers.com/Property-and-Debt-Division/
Lisa Marie Vari, Esquire
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