Sale of Solely Titled Real Property During Marriage or Divorce
The sale of real estate during a divorce in Pennsylvania can be a challenge. Each spouse may have a different idea of what price is best to list the property, what work should be done to get the property ready for sale, and even which real estate broker is best to list the property. In addition to the disagreements which may arise regarding selling jointly owned property, other challenges may arise if only one spouse holds title to the property. While these unique circumstances exist whether a marriage is intact or spouses are divorcing, conflict is more likely to arise during a divorce.
When One Spouse Owns the House: Challenges of Selling Solely Titled Property and Premarital Assets
Solely titled property may have been purchased before or after the marriage. It is less common to encounter property purchased after the wedding that is solely titled in only one spouse’s name. More often, one spouse owned the property prior to meeting the other or one spouse may have even purchased the property in the hope that the couple would one day reside there together. Whether the purchase occurred before or after the marriage, it may not be as easy for the titled spouse to sell the property as one would think. In Pennsylvania, the consent of the other spouse will almost always be required to complete the sale.
Related: What happens with debts and mortgage after divorce?
The Marital Value of Solely Titled Property
When one spouse purchases property while married, there are several ways a marital value can attach to the property. If joint funds were used to purchase the property, but for whatever reason, the couple only places the property in one spouse’s name, the property is marital, meaning the value of the property belongs to both spouses regardless of how it is titled. If it can be proven that independent, non-marital funds of one spouse were used to purchase the property during the marriage, there may be some non-marital component, but any increase in value of the property will likely be marital. Most buyers would purchase real property with a mortgage. Even if the mortgage is only held in one spouse’s name, if payments are made on the mortgage using income gained during the marriage, a marital component is again applied to the value of the property. There are various other ways a solely titled property purchased after marriage may hold a value to a non-owner spouse; these are just some examples.
Related: Everything about Prenups in Pennsylvania
Property Bought Before Marriage
Similarly, a marital value can be assigned to a property owned by one spouse prior to the marriage. Any increase in the value of the property during the marriage is a value that now belongs to both spouses. This increase in value may have been the result of paying down a mortgage during the marriage or the increase in market value. As a side note, if the spouse who owns the property deeds the property to both of the spouses after the wedding, the entire value of the property then belongs to the marriage/both spouses.
The Case of Uncooperative Spouse in Solely Titled Property Sale
Because there are so many ways a non-owner spouse may hold an interest in some portion of solely titled real property, it is often very difficult for the owner to sell the property without the consent of the non-owner spouse. Most title companies will require the non-owner spouse to sign a spousal waiver, waiving their interest in the property, in order to complete the sale. It is not uncommon for the non-owner spouse to refuse to sign the waiver, preventing the other spouse from selling the property. All hope is not lost. If compelling reasons exist, the owner spouse may petition the court to order the sale of the property before the divorce is complete, allowing the property to be sold.
If you have questions about your property or you are facing the challenge of selling property with an uncooperative spouse, call our property division lawyers today.
Other Frequently Asked Questions on Premarital Real Estate
Is a house bought before marriage marital property?
In Pennsylvania marital property covers ownership acquired during the marriage and is subject to division in a divorce. However, a marital value can be assigned to a property owned by one spouse prior to the marriage. Any increase in the value of the property during the marriage is a value that now belongs to both spouses.
Can I be forced to sell my home in divorce?
Yes, the court has the authority to force you to sell your home. If one spouse is not able to buy out the other spouse’s interest in the house or the parties cannot agree on a value of the house, the only fair and simple way to split the equity is to sell it.
If a spouse acquires property through a quit claim deed from his parents three years after being married to his wife, is this the wife's property too? The property was then deeded in the husband's name only. The husband just sold the quitclaim deeded property 10 years later without the wife's signature. Does the wife have any interest in the sale of the property? This is in the state of TN.
My solely owned premarriage farm was sold by my spouse.i have zero rights and am homeless after 50 years on my farm. Court corruption. Alberta.
Property purchased by spouse and mother after marriage. Non titled spouse unwilling to grant divorce to titled spouse unless property is placed in their name, yet is unable to secure financing or buyout titled spouse. What options are available for divorce settlement?
Does my wife have to sign the sale of my house only in my name and bought with out any of her money it was paid in cash with my money I had before marriage.
Can a property be sold if originally purchased in one spouses name but paid by both after the marriage and jointly owned for 20 plus years?
If solely own my home , and my husband walked out on me about 3 months ago , can he take it from me , it was giving to me by my mother and everything is in my name deed , bills , taxes , can he take it from me ?
My husband signed a notice that was witnessed that he had no rights to this house but now I’m being told he has rights to it since I live in Arizona and getting a divorce. Is this true?
I’m the sole owner, my wife signed the interspousal transfer grant deed. My wife doesn’t contribute to the mortgage payment, she doesn’t work. After 23 years of marriage I caught her cheating and I filled for a divorce but haven’t served her yet. I put the house up for sale and escrow was supposed to close yesterday and she refuses to leave. I gave her notice of what I was doing and I purchased a storage unit for her and paid two months rent for it. I told her if she leaves without any issues I will give her half of the proceeds from the sale of the house to her. She didn’t leave, she took things from the house things that were hers and mine and things that were ours. I started moving things from the house putting them in the storage unit that is for her that’s in both our names and she called the sheriffs that told me it would be best not to remove anything from the house. What is the next best way to remove her from the property. Please help
I’m the sole owner, my wife signed the interspousal transfer grant deed. My wife doesn’t contribute to the mortgage payment, she doesn’t work. After 23 years of marriage I caught her cheating and I filled for a divorce but haven’t served her yet. I put the house up for sale and escrow was supposed to close yesterday and she refuses to leave. I gave her notice of what I was doing and I purchased a storage unit for her and paid two months rent for it. I told her if she leaves without any issues I will give her half of the proceeds from the sale of the house to her. She didn’t leave, she took things from the house things that were hers and mine and things that were ours. I started moving things from the house putting them in the storage unit that is for her that’s in both our names and she called the sheriffs that told me it would be best not to remove anything from the house. What is the next best way to remove her from the property. Please help please note I live in California
My husband has jointly owned farm land with his cousin that he acquired after we were married. My name is not on the title. His cousin refuses to pay the taxes . My husband has state 4 lung cancer. I think they are trying to have it go up for sheriff sale so I don't get it . Last year I paid the taxes before the deadline and they got made . This year it is to high for me to pay. My husband say that if it happens we have a month to pay the taxes after sheriff sale. My question is can pay the taxes after sheriff's sale or would it have to be him.
I need an answer to the question about spouse selling property from under wife because was in his name only has been both their home for over 20 yrs can he do this to her
I have filed for divorce from my wife. I live in the state of Alabama. The property is in my name only. Can I sell the house and property when her parents live on the property in a tiny house I built with my own money??
I am a co owner of a house with someone I am not married to. We were together in the beginning but since I ended the relationship because I didn’t see it progressing. We love int he house with our 5 yo son and she has 2 adult children and one minor living in the house. I pay the full mortgage alone and have been since 2019. She refuses to pay half until I move out. Right now we own about 146k on the property that is now worth over 300k she refuses to sell the house and split and is actually taking me to court for child support. I told her the only options are to buy me out and pay me half of what has been paid on the house or sell it and split it 50/50 I feel that is being more than fair. But she’s not trying to hear it. Is there a Situation where I can legally force her to sell the house or buy me out of the loan? It is making it impossible for me to get a house on my own and for my mental health I know I need to get out ASAP. I am living in PA and I will be contacting a lawyer soon just came across this message board and figured I’d get an idea of what to expect if there was someone that went through a similar situation. But yes getting a real estate lawyer is the next step for me.
Please, I desperately need some help.
My wife try to sell our marital home and evict me from the house. property was purchased during marriage, but my name is not on the deed nor the note. I brought an action of divorce to stop the sale. She responded to Summons & complaints six months later. I went to 2 lawyers until I run out of money and decided to represent myself.
I lost at trial, the judge ordered the house sold paid the bank balance and arrears mortgage payments that have not been pay and split half and half whatever is left. But he added broker fee and punitive damage fee to my share because my divorce action has caused the house not being sold.
They don't want to tell me who is the broker, it seems an inside sale is being set up, her lawyer said he's going to ask the judge to have me evicted, the house is not even being shown yes or sold what can I do, what should I do.
Thank You
Joseph Peterson
I bought a house fixer upper deed under sibling name she is getting divorced does she have some owner ship
My husband got the house from his parents, we been married 16 years my name is in the deed but was put in it 8 years ago. He now wants me to leave the house. Says that he is the winter and has always paid for all the bills, which is true, we have two children and I have been a stay at home mom, so I don’t have income, he is done and wants to move on but wants me out of the house and wants to have the kids on weekends. Can he take me out of the house?? Do I own part of it??