Legal Question in Family Law in Pennsylvania

Re: Need to sell house?

You asked if there was any remedy where partners in a real estate transaction had separate goals.

Yes, there is a remedy specifically for this arrangement. It is called partition. One party applies to the court seeking partition and the court determines if the parties can come to any other resolution. If no then the court orders that the property be partitioned. This is ONLY done by a sale and the parties are then given their share of the proceeds.

As I'm certain you are aware, the partition will likely end up as a 50-50 distribution unless another distribution was specified in a partnership agreement.

The costs of this action are going to be borne substantially be the party bringing the action. Such sales often fail to realize the maximum value of the property for a number of reasons.

You did not identify where you are located but if it is in the SouthEastern portion of the state I would be happy to work with you on this matter.

Regards,

Roger Traversa

Email: [email protected]

Re: Need to sell house?

I agree with attorney Traversa. A partition action is the type of lawsuit needed; often, but not always, once a partition is started the parties will settle. Seek legal counsel to assist you with this process. I handle matters in the Lehigh Valley and surrounding areas. We also offer free consultations; feel free to contact us if we can help you.