[PA] How do I give my wife our house when we divorce?
Hi, we have a marital settlement agreement and I want to give the house to my wife in case of divorce. Is that something I should put in the “additional” section and how should that be worded?
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Ok, thank you for clarifying.
Since you and your wife have already agreed that she’ll receive the house in the event of divorce, you’re on the right track by wanting to put that in writing. In Pennsylvania, it’s perfectly acceptable to include this in your Marital Settlement Agreement (MSA)—and you can either place it under the property division section or in the “additional terms” section if there’s no designated spot.
Here’s a sample of how you might word it: “The parties agree that the marital residence located at [full address] shall become the sole property of Wife upon finalization of the divorce. Husband agrees to execute all necessary documents, including a deed, to transfer full ownership to Wife. This transfer is conditioned upon Wife refinancing the mortgage within [X] days to remove Husband’s name from the loan. Until refinancing is complete, both parties shall cooperate in good faith to avoid any negative impact on credit.”
This language covers both your intent and your condition—being removed from the mortgage. You can adjust the timeframe to reflect what’s fair for you both.
How Detailed Should You Be with Other Assets?
Even though you don’t expect conflict, it’s smart to be as clear and detailed as possible. Listing vehicles by year, make, model, and VIN is a great idea. For other items, list full account names, last four digits of account numbers, or detailed descriptions of personal property. That helps prevent confusion and makes the document easy to enforce if needed.
Does that help with your next steps?
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Hi, we have a marital settlement agreement and I want to give the house to my wife in case of divorce. Is that something I should put in the “additional” section and how should that be worded?
Lexi, Chatbot
I understand you want to ensure your wife receives the house in case of divorce. Have you already discussed this with your wife and agreed on this arrangement?
Yes, we have agreed.
Lexi, Chatbot
Are there any specific conditions or terms you would like to include regarding the transfer of the house to your wife in the marital settlement agreement?
As long as my name is taken off the mortgage.
Lexi, Chatbot
Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with removing your name from the mortgage.
Well, the asset part, we weren’t sure how specific to be. We put our cars with the VIN number, but how detailed does this need to be? We are not the fighting type, so we don’t anticipate problems, but maybe it is important for a Judge or something.
Gurney P
Welcome and thank you for using AskaLawyer. My name is Gurney, and I’m the attorney who will be assisting with your question. I’m happy to draw on my years of experience as an attorney and former prosecutor to offer some guidance. Please note, if you click the button for a second opinion, that will end our chat and I won’t be able to reply anymore.
Where does this take place?
In Pennsylvania, Westmoreland County.
Gurney P
Ok, thank you for clarifying.
Since you and your wife have already agreed that she’ll receive the house in the event of divorce, you’re on the right track by wanting to put that in writing. In Pennsylvania, it’s perfectly acceptable to include this in your Marital Settlement Agreement (MSA)—and you can either place it under the property division section or in the “additional terms” section if there’s no designated spot.
Here’s a sample of how you might word it: “The parties agree that the marital residence located at [full address] shall become the sole property of Wife upon finalization of the divorce. Husband agrees to execute all necessary documents, including a deed, to transfer full ownership to Wife. This transfer is conditioned upon Wife refinancing the mortgage within [X] days to remove Husband’s name from the loan. Until refinancing is complete, both parties shall cooperate in good faith to avoid any negative impact on credit.”
This language covers both your intent and your condition—being removed from the mortgage. You can adjust the timeframe to reflect what’s fair for you both.
How Detailed Should You Be with Other Assets?
Even though you don’t expect conflict, it’s smart to be as clear and detailed as possible. Listing vehicles by year, make, model, and VIN is a great idea. For other items, list full account names, last four digits of account numbers, or detailed descriptions of personal property. That helps prevent confusion and makes the document easy to enforce if needed.
Does that help with your next steps?
I do have 1 more question.
Can we turn in the acceptance of service form at the same time as the notice to defendant divorce complaint at courthouse if we go together?
Gurney P
Yes, if you both go together, you can turn in the Acceptance of Service form at the same time as filing the Notice to Defendant and Divorce Complaint. It’s often helpful and shows cooperation between both parties.
Okay, thank you for your help.
And the MSA might not be needed, unless one of the two requests the court to separate the asset? We can do that on our own, right?
Gurney P
Yes, you can handle the division of assets privately without filing a Marital Settlement Agreement (MSA) as long as neither of you asks the court to divide property. If no one requests it, the court won’t get involved.
After the 90 days, the affidavits of consent and waivers of notice will be filed at the same office (Prothonotary office)? Wow I had more questions than I thought.
Gurney P
Yes, after the 90 days, you’ll file the Affidavits of Consent and Waivers of Notice at the Prothonotary’s Office—same place where you filed the divorce complaint. Totally normal to have lots of questions!
Thank you, Gurney.
Gurney P
Sure thing! I’m glad that helps. What else can I clear up for you today?
She might be able to remove my name from the mortgage by assumption so she doesn’t have to refinance. I’ll reword the section regarding her having to refinance to include this as an option.
Gurney P
That sounds like a good plan! Thank you too for letting me answer your questions today. And if more questions come up later, I’m always available for you in a new chat.
Gurney P
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