Legal Question in Civil Rights Law in Pennsylvania
never been married, we own two homes with both of our names on the deeds. I have never pd. morgage or taxes, one house has no mortgage, he is now suing me for back rent and taxes, can he do that
1 Answer from Attorneys
This is a very complicated question and depends, in large part, on the wording of the deeds to the property. If you are described as owning the property jointly, with the right of survivorship, one answer may apply. If you are described on the deed as tenants in common, another answer may apply Another issue is whether there is a written agreement between you concerning these issues, and if not, what was the course of conduct between the co-owners prior to the lawsuit. If he customarily paid the taxes and utilities without asking for contribution from you, then you probably have a good case. If, on the other hand, you contributed to the payment of taxes and utilities prior to the lawsuit, that may work against you. Finally, another issue may be whether you had a common-law marriage. Common-law marriages were outlawed in PA in approxiamtely 2005, however, if you held yourselves out as being married before that date, the rules govering marital property may apply. You really need to consult with an experienced real estate lawyer, and have him look at the deeds and other documents to make an informed decision.
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