Legal Question in Real Estate Law in Pennsylvania

My ex and I own a home together(we are not married). He wants half of the sale of the home. Value of home $20,000. I do not want to give him half because I made 75% of the mortgage payments and I have been paying the taxes and home owners insurance, solely, since he moved out 5 years ago. What are my options?


Asked on 1/22/17, 9:49 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

It sounds like you and he did not have a co-owners' agreement, which is unfortunate. It might have given you leverage by including what happens in the case when one partner wants to leave. You could sue for "partition", but the result would be a court-ordered sale, with the cost of litigation and the Realtor's fees and costs of sale deducted before allocation of proceeds of the sale, if any, between you and the ex. If the value of the home is that low, it may not even be worth it. Are you about to sell, or is the ex just demanding that you pay him? If you want to sell, you will not be able to deliver title to your buyer without the ex's signature on the deed, so you are kind of over the barrel unless you can negotiate an agreement. You may have to agree to give him somewhat more that 25%. Did you and he contribute an equal amount to the purchase? He will point out that you were not sharing the house with him for the last 5 years, so he had no obligation to pay part of the expenses. Offer him less than he is asking but not as little as you want to pay, compromise may work a solution. Also, first talk to an experienced local real estate lawyer.

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Answered on 1/23/17, 11:42 am


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