What to do regarding a house in a divorce?

UPDATED: Oct 1, 2022

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What to do regarding a house in a divorce?

I am looking for some guidance. My divorce was final 5 years ago; this was a no-fault divorce. As part of the decree, my ex was to live and take ownership of the house, including making mortgage payments and payments on our HELOC we had against the house. Since our divorce, she has only lived here 8 months on her own. She could not afford the payments and I moved back and have been making all of the mortgage, HELOC, Taxes, etc. payments solo without any assistance. In the divorce decree it states she would receive any proceeds from the house when it sells. Well, I put the house up and it sold quickly. Now, she is coming back saying that she should be compensated for the sale. Didn’t she technically break the terms of the decree by not making the mortgage payments, HELOC, taxes, etc? Not to mention she has not spent a dime in the upgrades I put into the house. Looking back, we should have amended the decree stating I was to assume the mortgage, HELOC, taxes, etc. but we didn’t do that because I never expected her to come back at me. Does she have any recourse? My thought it she violated the terms of the decree by not making the payments she was obligated to make.

Asked on March 28, 2018 under Family Law, Pennsylvania


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Seek legal help NOW please because yes, you should have either amended the agreement or asked the court t declare it breached (it is a contract) and set it aside, and to give you the right to take it over.  Your attorney is going to have to make a very strong argument in equity here and I would put the funds from the sale in to an escrow account and not touch it at all until the corut makes a ruling or you can negotiate IN WRITING a settlement with your ex on the matter. Good luck.

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