Q: No property division during divorce v2.0
My divorce is final. During the divorce property division was never ordered. We bought a house together and after 2 years, they chose to leave. Since that time (2 years ago) I have paid all the mortgage, property taxes, and upkeep on the home. They have resided elswhere for over 2 years now. The divorce was finalized in 2017. My ex is now claiming that they may come and go as they please because they are still on the loan for the home. Also they claim that if i were to sell the home, I would owe them half of what was recieved after the original loan is paid off OR that I must buy out their half of the home. Is any of this true?
A: It all depends on what the deed says. If their name is on the deed, they are still part owner of the home. The fact that you have been living there and paying the mortgage etc. is irrelevant. Conversely, if their name is only on the mortgage and not the deed, they do not own any interest in the home (but are still on the hook financially to the lender).
Equitable distribution, or the division of marital assets and debts in Pennsylvania must be completed prior to the entry of a divorce decree or the claim is lost. As your decree was entered in 2017, you are no longer entitled to divide this property through the equitable distribution process.
Please feel free to visit my website for more information on property division in a Pennsylvania divorce.
Lisa Marie Vari, Esquire
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