Pennsylvania - amicable divorce - selling house

[mlc1985]

What is the name of your state (only U.S. law)? PA

I'm slightly in panic mode right now, trying to get in touch with my lawyer ASAP but wanted to see if other's have run across this situation to put my mind at ease until Monday or make things worse.

My wife and I are in the 90 day period of an amicable divorce. During our marriage we bought a house, only my name was put on the title because she had no credit at the time. The closing is July 31st and I've made the error of not contacting my lawyer sooner. If I'm reading online correctly, even if my wife has no problem with me selling the house and it's only in my name the courts could still block it unless I get special permission. Can anyone verify this for me?

Thanks,

 

[LdiJ]

What is the name of your state (only U.S. law)? PA

I'm slightly in panic mode right now, trying to get in touch with my lawyer ASAP but wanted to see if other's have run across this situation to put my mind at ease until Monday or make things worse.

My wife and I are in the 90 day period of an amicable divorce. During our marriage we bought a house, only my name was put on the title because she had no credit at the time. The closing is July 31st and I've made the error of not contacting my lawyer sooner. If I'm reading online correctly, even if my wife has no problem with me selling the house and it's only in my name the courts could still block it unless I get special permission. Can anyone verify this for me?

Thanks,

Why do you think that the courts would get involved if you and your wife are in agreement? The courts won't block anything unless one of the parties to a divorce asks them to do so.

 

[mlc1985]

I'm just confused as to whether or not she will have to sign anything but after talking with my real estate agent it sounds like the company that is transferring the house title would contact her if this is the case or she would have to be involved in the closing.

 

[single317dad]

Is there any preliminary/temporary order from the court barring disposal of assets? If so, the safest bet would be to get the court's permission, or at the very least (considering the short time) submit a waiver signed by both parties to the court. If there is no such order, then you are under no such restriction. If your wife isn't going to make a dig deal of the sale then likely nothing will come of it, but this wouldn't be the first case of a soon-to-be-ex spouse doing a 180 on an issue though.

 

[Ohiogal]

Why do you think that the courts would get involved if you and your wife are in agreement? The courts won't block anything unless one of the parties to a divorce asks them to do so.

Quite frankly you would be wrong. There is normally a restraining order attached to divorces that prohibits dissipating marital assets of which the house is one until the court makes a decision. The court has not made a decision. He could find himself in trouble and it is possible that he will not be allowed to sell the house prior to the divorce being settled. Not to mention his wife would have to release her claims to the house.

 

[latigo]

What is the name of your state (only U.S. law)? PA

I'm slightly in panic mode right now, trying to get in touch with my lawyer ASAP but wanted to see if other's have run across this situation to put my mind at ease until Monday or make things worse.

My wife and I are in the 90 day period of an amicable divorce. During our marriage we bought a house, only my name was put on the title because she had no credit at the time. The closing is July 31st and I've made the error of not contacting my lawyer sooner. If I'm reading online correctly, even if my wife has no problem with me selling the house and it's only in my name the courts could still block it unless I get special permission. Can anyone verify this for me?

You have good reason to be panicky. Mainly because your narrative is based on a the false premise that if the divorce court gives you "permission" to sell the home you can close on the pending sale and pass marketable title on to prospective buyer.

What you seem to fail to appreciate is that you are not the sole owner of the home!

You admit that you it was purchased jointly by you and your wife. So, irrespective of whose name appears on the deed and/or mortgage - one or both - the home became marital property in which she has a vested interest.*

Consequently, unless the family court should award you full ownership (or the wife voluntary deeds over her vested interest to you) you will not be able to pass marketable title to the home, nor will a title company insure marketable title in the name of a subsequent buyer short of you wife joining in the deed of conveyance

____________________


[*] PA Stat. § 3501. Definitions.
"(a) General rule.--As used in this chapter, "marital property" means all property acquired by either party during the marriage . . . . . . . "

 

[LdiJ]

Quite frankly you would be wrong. There is normally a restraining order attached to divorces that prohibits dissipating marital assets of which the house is one until the court makes a decision. The court has not made a decision. He could find himself in trouble and it is possible that he will not be allowed to sell the house prior to the divorce being settled. Not to mention his wife would have to release her claims to the house.

And a fair market value sale is dissipating a marital asset, how?

 

[LdiJ]

You have good reason to be panicky. Mainly because your narrative is based on a the false premise that if the divorce court gives you "permission" to sell the home you can close on the pending sale and pass marketable title on to prospective buyer.

What you seem to fail to appreciate is that you are not the sole owner of the home!

You admit that you it was purchased jointly by you and your wife. So, irrespective of whose name appears on the deed and/or mortgage - one or both - the home became marital property in which she has a vested interest.*

Consequently, unless the family court should award you full ownership (or the wife voluntary deeds over her vested interest to you) you will not be able to pass marketable title to the home, nor will a title company insure marketable title in the name of a subsequent buyer short of you wife joining in the deed of conveyance

____________________


[*] PA Stat. § 3501. Definitions.
"(a) General rule.--As used in this chapter, "marital property" means all property acquired by either party during the marriage . . . . . . . "

He states in his first post that his wife has no problem with him selling the house. Presumably then she would be willing to sign whatever paperwork is necessary to effect the sale.

 

[Ohiogal]

And a fair market value sale is dissipating a marital asset, how?

Because he is GETTING RID OF IT. That is how.

 

[LdiJ]

Because he is GETTING RID OF IT. That is how.

In exchange for its fair market value. That is not dissipation. Plus his wife is in agreement!!!! A couple who is in agreement to do something does not need permission from a judge to do it.

 

[Ohiogal]

In exchange for its fair market value. That is not dissipation. Plus his wife is in agreement!!!! A couple who is in agreement to do something does not need permission from a judge to do it.

They do if they are restrained from dissipating assets. And what if wife IS NOT in agreement or says she is not (maybe, she changes her mind when she gets nothing from it)? Oh yeah. That never happens.

 

[tranquility]

In layman's terms:

http://dornish.net/when-do-spouses-need-to-sign-deeds-and-mortgages-in-pa

 

[LdiJ]

They do if they are restrained from dissipating assets. And what if wife IS NOT in agreement or says she is not (maybe, she changes her mind when she gets nothing from it)? Oh yeah. That never happens.

He cannot close if she doesn't sign off on it...read Tranq's link...and even if he could, the funds from the sale could still be equitably divided by a judge. A PA divorce judge will of course KNOW, that it couldn't be sold unless she signed off on it.

 

[latigo]

He states in his first post that his wife has no problem with him selling the house. Presumably then she would be willing to sign whatever paperwork is necessary to effect the sale.

He doesn't THINK he needs her consent to sell the house. He THINKS that because the property was taken in his name alone that all he needs is the court's permission to sell HIS AND HER HOUSE!

And the fact that you have never heard of an "automatic restraining order" that is issued immediately upon the filing (whether the divorce litigants request it or not) - like every other thing you've never heard of having to do with the theme of this free legal advice forum - DOES NOT MEAN THAT THEY DON'T EXIST!

Also, if you were ever to become a licensed attorney and got to presuming this and assuming that, you would soon be back to do what you are doing now or starve.

 

[LdiJ]

He doesn't THINK he needs her consent to sell the house. He THINKS that because the property was taken in his name alone that all he needs is the court's permission to sell HIS AND HER HOUSE!

And the fact that you have never heard of an "automatic restraining order" that is issued immediately upon the filing (whether the divorce litigants request it or not) - like every other thing you've never heard of having to do with the theme of this free legal advice forum - DOES NOT MEAN THAT THEY DON'T EXIST!

Also, if you were ever to become a licensed attorney and got to presuming this and assuming that, you would soon be back to do what you are doing now or starve.

I am well aware of automatic restraining orders. However, an automatic restraining order does not prevent parties from making financial decisions jointly. It does not create a "receivership" where only the judge gets to decide what, when and how they deal with their joint assets. It prevents one party from arbitrarily disposing of marital assets against the will or without the knowledge of the other.

Yes, this OP is going to have a problem if his wife refuses to sign the necessary paperwork at closing.