Wife not on deed or mortgage do I need her signature to sell in Pennsylvania?

UPDATED: Oct 1, 2022

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Wife not on deed or mortgage do I need her signature to sell in Pennsylvania?

My grandmother owned land and sold the land
to me… I got married and I built a house on the
land 1 year after we got married… my wife had
a poor credit score and the mortgage lender
suggested that just my name go on the
mortgage and the deed… we separated after 2
years and have yet to divorce… do I need her
signature to sell the house? I know there are
different laws for different states… I am in PA.
Thank you

Asked on December 6, 2017 under Real Estate Law, Pennsylvania


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

Answered 5 years ago | Contributor

PLease seek legal help in your state.  While the property was originally separate property because you inherited it, it could be consdiered marital - the house at least - becuase you built it after the marriage as the marital home with marital funds (money earned during the marriage).  So while it appears you have control to sell, the lending bank for the buyer is going to require that she sign paperwork of some sort, guaranteed.  And if you are able to sell it without her signature, that does not mean that some of the proceeds will not be considered marital upon divorce.  Get help.  Good luck.

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