Legal Question in Family Law in Pennsylvania

divorce rights

My husband moved out 5 months ago, leaving me with a huge mortgage and all of the bills. He wants $20,000. His ''fair share''. I thought I was only obligated to pay him 1/2 of the home's equity. also he said if I don't pay him, he'll put the home up for sale. Can he do that if it is in both of our names? I've been making the mortgage payment (barlely) on my own since he left. Please help me!! He has retained a lawyer. I can not afford one right now, obviously!! Please, I need your help desperately. I have 2 children. One of them going to college in the fall, so finances are critical right now!

Asked on 5/27/07, 10:46 am

2 Answers from Attorneys

Glenn Brown Real World Law, P.C.

Re: divorce rights

I would suggest that you can not afford not to have a lawyer.

If your name is on the title, he cannot sell the house or list it with a reputal real estate agent without your signature or a court order.

Good luck to you.

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Answered on 5/27/07, 10:56 am

Paul Stacom Law Offices of Paul J. Stacom

Re: divorce rights

If you have not already done so, you need to immediately file for child support and spousal support and get him to pay some of the mortgage, through a "mortgage deviation". You do not need an attorney to file for support, although it is helpful through the eprocess.

He cannot force the sale of the property, except if the mortgage is not being paid. The court will not usually compel the sale of the property with a minor child still residing in it.

I would suggest that you need to protect yourself and somehow come up with some funds to get an attorney. For example,. I do accept credit cards. I also have several office locations.

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Answered on 5/27/07, 4:55 pm

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