Co-ownership of home

My exhusband and I own a house. He kept the
house after we divorced almost 10 years ago.
My name is still on it. He has made no attempts
to remove my name. And I want off. I know I
can file for partition. But how likely will I be able
to get any money from it?

Asked on December 19, 2017 under Real Estate Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you have the legal right to file for partition: the law lets one owner do that when she and the other owner cannot agree as to what to do with real estate. As to whether you will get any money, that depends on:
1) Is there any money to get? The costs of the sale, including the cost of court supervision, is paid out first; then any mortgages or liens are paid. Only if there is something left after those would you possibly get anything.
2) If the terms of your divorce indicated that the proceeds (if any) of the house go to your spouse, he will get them (and, of course, if they indicate they go to you, you get them). If the divorce did not address the house, then if you and he are both on the title, you should share or split any money left after 1) above.

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