Legal Question in Real Estate Law in Pennsylvania

my girlfriend and I bought a home in Pennsylvania as joint tenants. We took out a mortgage on the property as well as a construction loan together. We broke up and now she filed a Complaint for Partition against me. Assuming the Court forces a sale of the property, would she be on the hook to pay back the mortgage and loan that are under her name? Can I prevent the partition


Asked on 2/24/10, 1:24 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

If you both were on a mortgage and loan, you are both responsible for paying it off.

The best way for co-owners to resolve the termination of their joint interests in the property is to work out an agreement on how to divide the proceeds of a sale after paying off the liens and costs of sale. By going through a partition, you and your girlfriend will just be paying lots of costs, still end up with a sale, but have less in proceeds to divide between you.

The only way to prevent a partition is by both of you reaching such an agreement and withdrawing the partition action.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 3/01/10, 3:07 pm


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