Co-ownership of home
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.