Philadelphia, PA asked in Family Law for Pennsylvania

Q: Hello I will like to know what can I do I live in a hm with my ex th mortgage is under his name the the deed has both

Our name couse it was a give from him but my credit wasn’t good so the mortgage is under his name and the deed under both names now he says that I don’t have any rights over the house why can o do

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2 Lawyer Answers
Cary B. Hall
Cary B. Hall
Answered
  • Norristown, PA
  • Licensed in Pennsylvania

A: He is wrong. You are co-owner of the home. . . and without any liability for the mortgage. It's a pretty good place to be, honestly.

When you ask "what can I do?," I'm not sure what you *want* to do or how the situation is playing out. If you two are splitting up and someone wants to stay in the home, that person can offer to "buy out" the other's share of the home. If neither of you want to stay in the home, you could list it for sale and split any profit -- but before you divide the proceeds somehow, the mortgage would have to be paid off first. If you want to sell and he doesn't, you can file a petition for a court-ordered sale. That would force him to make a decision to either buy you out or sell the property.

Hope this helps. Best of luck to you.

Kathryn Hilbush
Kathryn Hilbush
Answered
  • Media, PA
  • Licensed in Pennsylvania

A: Since you're on the deed, you share ownership of the house. Are you getting a divorce? Then you have a claim to a portion of the equity in the house. If you're just asking, this is your answer. I suggest before anyone takes any action in regard to the house, such as selling it or refinancing it, that you speak with an attorney.

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