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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Experience:  JA Mentor
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I am the only one named on the mortgage however my wife is

Customer Question

I am the only one named on the mortgage however my wife is on the deed with me. We are in the process of getting a divorce. How can I get her off the Deed? We are in Philadelphia, PA.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today.
She can sign a quitclaim deed transferring ownership of the property from you and her as husband and wife to you as sole owner. If you're the only one on the mortgage, the bank shouldn't have any problem with the transfer. Usually, the deed will be signed when the divorce is over, but if you have a separation agreement, she can sign it at any time.
Note that she is legally entitled to half the equity of the home, as a joint owner, and she can insist upon receiving a buyout before she agrees to sign anything. If you wind up going to court over it, the judge will order you to buy her out. If you can't afford it, he can order that the house be sold and the proceeds from the sale divided equally.
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