Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
No, this is arguably not true.
In PA as well as other states, at divorce, property is separated into SEPARATE and COMMUNAL properties.
SEPARATE property is inheritance, gifts, money had before the divorce, and anything agreed to be considered separate in writing and signed by both parties. Separate property is not divided, and goes to its owner.COMMUNITY property
is everything else. Community property is divided between the parties. Pennsylvania is referred to as an "equitable distribution
" state, meaning the division is fair, but not necessarily 50/50.
Now, he received that home as a gift. Nor is your name on it. Therefore, it is separate property, arguably. He does keep the home. However, because this is not community property (thus possibly then you being assigned some interest and/or debt from it) AND your name is XXXXX XXXXX the note, there is really no way that one could be held liable for this property - or should be.
Just because they say
so does not mean it is true. Remember - his attorney has HIS best interest at heart, not yours. It is not unusual for attorneys to bluff/threaten to get someone to sign off on something without fully realizing the reality of the matter.
Someone in your situation may wish to decline to agree to be held liable, and void signing anything to that effect. If the parties cannot agree to a settlement, then the Court will decide based on the doctrine stated above, and it is unlikely that one would be held liable for mortgage in such a situation (although of course, if left to the Court, one may not get everything that they want).
An agreed settlement is incorporated into a decree and is called an uncontested divorce.
If the parties cannot agree, it is called a contested divorce, and the Judge decides.
It is also common for parties to agree to 95% of the split, but then ask the Court to make a decision in regards XXXXX XXXXX 5% that cannot be agreed upon.
I hope this helps and clarifies. Good luck.
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