Legal Question in Real Estate Law in Pennsylvania

My ex-husband and I were divorced in August of 2012 without the use of a lawyer. He decided that he would keep the house because he could afford the mortgage on his own, and I could not. I haven't lived in the house since March of 2012, and I have since signed ownership over to him. However, I am still listed on the loan. He has been researching refinancing the house so that I can be removed from the loan. He is now saying that it will be too expensive for him to refinance right now. He does currently have someone living with him, but I'm not sure if that person is paying rent. He refuses to sign anything saying that he promises to sell/refinance within a certain time frame, and now he is asking that I contribute to the cost of refinancing if he chooses that direction. Am I responsible for helping with this cost?


Asked on 4/03/13, 5:44 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Unfortunately, you were not represented in your divorce and you probably did not know that you should have had a property settlement agreement that required him to pay off the mortgage when he got title and sole ownership of the house from you.

As long as you are on the mortgage and not released in a writing signed and recorded by the lender, you are in danger of having your credit negatively affected if he does not make payments of taxes, insurance and the mortgage.

He cannot force you to contribute to the cost of refinancing, but you can insist on it since you gave him your interest in the house and you have not required that he pay anything for his living there since you separated and divorced.

You should consult with a family lawyer who also has experience in dealing with real estate issues at this point, to protect your interests.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

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Answered on 4/03/13, 7:41 am


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