Can my estranged husband have our house foreclosed and purchased by his sister?

Our divorce has been going for 2 years now. My estranged husband and his family want me to just go away. We were married for 23 years and I was a housewife the whole time. We have four kids together. Soon-to-be ex-husband was confident that he would keep everything because I never had a job. However, now he senses that it's not going to work that way he plans to let the bank foreclose the house, which was purchased during the marriage, before the divorce is final. And his sister will buy it from the bank, for just as much as what he owes the bank. And after the divorce is over he will take the house from his sister, and pay her the amount she paid the bank. I don't know if it's the way it works. Please help me understand. Thank you.

Philadelphia, PA -

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Attorney Answers (3)

Howard M Lewis

Howard M Lewis

Divorce / Separation Lawyer - Framingham, MA

The court will see through this sham and you are entitled to your well earned portion of the marital estate, please work with a local attny and you will be able to protect your rights. take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
Randi Joy Silverman

Randi Joy Silverman

Family Law Attorney - Johnstown, PA

Since your case is pending, I am assuming that you have an attorney. Therefore, I would urge you to ask your attorney about this issue. However, I will tell you that if the real property was purchased during the marriage, it is marital property available for distribution between you regardless of whether the deed is just in his name. The same general rule applies to all of your assets. If he has stopped paying the mortgage, you are going to have to file an Emergency Petition for Special Relief to obtain a court order directing him to pay the mortgage so that the foreclosure does not occur. Keep in mind that if he is willing to ruin his own credit to divest you of your fair share of the equity in the real estate, that is a red flag that you need to make sure that all of you assets are protected. I would not be surprised if he has removed funds from the bank accounts and hidden personal property such as tools, collectible, etc.

My response is based solely on the limited information contained in the question. It is not meant to substitute... more
Paul Dominic Edger

Paul Dominic Edger

Family Law Attorney - Carlisle, PA

First, work with an attorney no matter what. Unless there is an emergency need to sell the home and an emergency petition for special relief is ordered stating you are holding up the sale and it is needed for both parties, good chance they can't "force" you out. However, speak to your attorney to ensure if at the very least you sell the home it is at a reasonable market price and you get your fair distribution of the proceeds. All the best.

My comments are provided for general information purposes only. Nothing on this or associated pages, documents,... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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