Carbondale, PA asked in Real Estate Law for Pennsylvania

Q: I owned my house before I married my husband. We mortgaged the home both names are on the loan..

We are still married but separated. I want to sell the home to my granddaughter but he said because his name is on the loan he will not move out until it is removed. Does he have the right to do this since the title is in my name.

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

A: Your husband does not have the right to remain in the home if you are the sole owner. However, if both of you are paying towards the loan, a most important question, which you did not address in your fact summary, if you force him out of the house, he will stop his payments on the loan. Unless you can carry the payments yourself, that action will ultimately trigger a loan foreclosure, and you will lose the house. Obviously, that makes your question of whether your husband has the right to stay in the house somewhat academic.

I suggest you consult with a lawyer.

1 user found this answer helpful

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