Glenside, PA asked in Divorce and Family Law for Pennsylvania

Q: The decree states that our house be sold, but it won't sell...

The house has been on the market for 2 years and has not sold. I moved out of the house after the divorce, but still continue to pay the mortgage as my wife continue to live there and has not paid any bills. The order does not state what to do if the house is unsellable. The monthly payments and bills I have paid has exceeded the amount I was to give my ex-wife if the house sells... can the order be considered satisfied if I discontinue paying the mortgage and the house forecloses?

The Order:

“Point One: The parties own real estate as tenants by the entireties situate… in Montgomery County, Pennsylvania. Said real estate shall be listed for sale forthwith, at a reasonable listing price to be determined by the parties and shall remain listed for sale until sold. The net proceeds from said sale shall be distributed equally between the parties and, in addition thereto, Husband shall pay to the Wife the sum of $37,000.00 from his share of the net proceeds.”

Related Topics:
1 Lawyer Answer

Karen Ulmer Pendergast

PREMIUM
Answered
  • Langhorne, PA
  • Licensed in Pennsylvania

A: If the house is not able to be sold, it really depends on the reason as to what remedy you will want to seek. In either situation you will need to petition the court for post-trial relief. It may be that the house has to be sold for less and you may want to get an opinion of a realtor if you go to trial.

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.