Legal Question in Real Estate Law in Pennsylvania

My cousin and his girlfriend have lived together for years. The Mortgage is in his name, but they are both on the deed. They are splitting up, and she says she's entitled to half of the house. If he just asks her to leave, can he live in the house and she has to wait for him to sell it before she can get any money for it, or does he have to buy her half of the house from her, to get her off of the deed? He owes more on the house than what the loan is, so even if he sold it he would need every dime to pay the house off. Also, she was never divorced from her previous husband, so does that mean her husband is entitled to half of the house too?


Asked on 3/22/13, 7:42 am

1 Answer from Attorneys
Glenn Brown Real World Law, P.C.

If they are splitting up either can get the court to split the equity via a partition action. Most need an attorney to handle this. Married folks get to split up property in a divorce action but not generally when they are living separate lives.

Good luck.

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Answered on 3/22/13, 10:34 am


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