Legal Question in Real Estate Law in Pennsylvania

Unless they had a written agreement about what happens to the house if either of them wants to leave, they would have to come to an agreement now. They could decide that one of them buy the interest of the other, and the "seller" should be sure to be released in writing by the mortgage lender. Or they could decide to sell the house and divide the net proceeds.

If they can't agree, she would have to file a lawsuit for "Partition". This would lead to a court order to sell the house and divide the net proceeds, not necessarily 50/50. If she can show that she put up more money for the down payment, contributed more to the payments on the house for mortgage, maintenance, repairs, etc., she may be entitled to a larger share. If she has to file a lawsuit, both of them will get substantially less, because the costs of litigation will add to the costs of selling the house, leaving less or even nothing to be divided by them.

Other than by court order, she cannot force him to sell, nor can he force her to move. However, she may want to move out anyway. He cannot sell the house on his own. Her credit is at risk if there is a mortgage: if he or he stops making the mortgage payments, she risks having her credit downgraded and facing a foreclosure.

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.

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