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  1. #1
    Join Date
    Mar 2011
    Delaware, OH

    Default Treatment of a Marital Home in Divorce

    My question involves divorce in the State of: PA

    I am currently in the process of divorce in PA. I have requested to retain the marital home for the benefit of my child, my spouse does not want the home, so this will not be an issue. He moved several hours away.

    My question is that my spouse planned to leave for some time without telling me, he then made only partial interest only payments, whereby our principle in the home went up by $20k. We also have a second mortgage on the home.

    He handled the bills and I was not made aware of the increase in principle until a time not long before he left. Since we have been separated and I have taken over responsibility for the bills, I have gotten the principle on the 1st & 2nd down by several thousand dollars each.

    I make about $30k less than he does per year, and my concern is that I am not able to refinance due to the home being worth about $35k less than what we owe on it. It's worth about $250k and we owe $285k on it.

    Is there a way to make him responsible for maybe half of the second mortgage in the divorce? The balance is about $20k. I'm hoping that if I can get that 2nd paid off I will be closer to being able to refinance the home to a fixed rate and in my name only.

    If so can you give suggestions as to how I can do this? He took all of our assets with him and left me with just $3,000 and sole care of our child. He has no other children or bills. He has taken the mortgage deduction on HIS taxes and escrow refunds that he did not pay one penny towards - I just don't want to lose the home, as my son's life would be turned upside down (switching schools etc).

    We purchased the home with a VA Loan originally, due to my having been in the military so we did not put any money down.

    Thank you for your help.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Treatment of a Marital Home in Divorce

    Should we assume that your divorce is not yet settled? We don't have any information about the marital assets, nor about how the $20K was used. You can attempt to negotiate a settlement that requires him to return certain money to you. If there's no money in the estate and you cannot afford to refinance, then unfortunately that's the way things are - the money has to come from somewhere.

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