How can I get half of the equity in my house?

Q: What happens if your name isn't on the mortgage?

If your name isn't on the mortgage, you are not legally responsible for the loan payments. However, if your name is on the deed, you still have ownership rights to the property. In Pennsylvania, the court will consider your ownership status and contributions to the property when determining how to divide assets in a divorce.

Full question:

My name is on the property. Which is paid for. I am the wife. How may i get half of equity in the house?

Category: Divorce
Subcategory: Property Settlements
Date: 04/07/2025
State: Pennsylvania

Answer:

You can create a contract outlining how to divide the property, which can be included in the divorce decree. This makes it enforceable by the court. If the agreement isn't part of the decree, it remains a private contract and would require a breach of contract lawsuit to enforce.

Pennsylvania follows equitable distribution, meaning property and debts are divided fairly, but not necessarily equally. The trial court has broad discretion in these matters, and its decisions are upheld on appeal unless there's clear abuse of discretion.

Generally, property acquired before marriage or received as a gift or inheritance during marriage may not be included in the marital estate, unless it was used for the couple's benefit during the marriage. The court may consider how often the property was used in its decision.

Refer to the following Pennsylvania statute: 23 Pa.C.S.A. § 3105, which discusses the enforcement of agreements regarding property division.

Users can search for state-specific legal templates at .

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Do I own half the house if my name is on the deeds?

If your name is on the deed, it generally indicates ownership rights to the property. However, in Pennsylvania, ownership does not automatically mean you own half the equity. The court considers various factors, including contributions to the property and the circumstances of the marriage, when determining equitable distribution during divorce. Thus, while you may have a claim, the exact division of equity will depend on the court's ruling.

Does the wife always get half the house?

In Pennsylvania, a wife does not automatically get half of the house. The state follows equitable distribution, which means property is divided fairly but not necessarily equally. The court evaluates various factors, including the length of the marriage and each spouse's contributions, to determine how to divide the property. Therefore, the division can vary case by case.

What are my rights if my name is not on the mortgage?

If your name is not on the mortgage, you may still have rights to the property if your name is on the deed. In Pennsylvania, ownership on the deed typically grants you some claim to the property, regardless of mortgage obligations. However, your financial responsibilities may differ, and the court will consider various factors during property division in a divorce.

What rights do I have if I am on the deed but not the mortgage?

If you are on the deed but not the mortgage, you have ownership rights to the property in Pennsylvania. This means you can claim a share of the equity, especially during divorce proceedings. However, your lack of responsibility for the mortgage may affect your financial obligations. The court will assess your contributions and circumstances when dividing property.

What happens if your name isn't on the mortgage?

Can my wife take the house if it's in my name?

In Pennsylvania, your wife cannot simply take the house if it's solely in your name. However, during divorce proceedings, the court will evaluate the marital property and may award her a share of the equity based on equitable distribution principles. This means she could receive a portion of the house's value, depending on various factors.