LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

Divorce Solutions

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(212) 370-1660

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Question #171

My ex-wife and I filed for an uncontested divorce in PA. It was finalized last year, Aug 2005. We were told that property distribution did not need to be done as both of us wanted to remain in our house with our kids. Now she has had her boyfriend move in, and my boys and I want to move. She says that I am not entitled to anything because the divorce is final. What rights do I have? 

I cannot properly answer your question without reviewing the judgment of divorce and any Separation Agreement you entered. You state, “we were told.” By whom were you told? I cannot overemphasize the need to use an experienced matrimonial attorney in all divorce proceedings. An experienced attorney would not have allowed you to divorce and leave the issue of property distribution unsettled.

Concerning what you should do now, it depends on how title to the property reads. If it reads “as husband-and-wife” and you are now divorced, it should convert into a “tenants in common ” title, in which case part of the property is yours to do with as you please.

Leonard M. Weiner, Esq./Divorce Solutions

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