Legal Question in Real Estate Law in Pennsylvania

Domestic Settlement on a property -

I purchased a townhome with a now x-boyfriend 50/50. The relationship deteriorated and I was forced to get a protection order on him. He was evicted from the home and hasn't paid the mortgage since Feb. I have kept the bills up myself and live in the residence.

We are now in negociations over the house. We both want the house.

I have 2 questions...

1) If we can't come to an agreement what will happen?

2) Can I force him to pay me back his portion of the mortgage on the months I paid solely? Can you give me a case that cites that so I may read about it.

What do you suggest I do?

Thank you.


Asked on 6/22/01, 9:08 am

1 Answer from Attorneys
Matthew Nahrgang Nahrgang & Associates, P.C.

Re: Domestic Settlement on a property -

If you have exclusive use of the property, you will probably not be successful in claiming he owes you for the mortgage payments. However, you would receive credit for the payments, if the property were sold.

A co owner of property can force the sale of the house in an action known as partition. That would require time and money on his part. My suggestion is that you obtain an attorney to assist you in negotiation. The attorney should be skilled at compromising, not creating an adversary relationship. It will not benefit either of you to be involved in costly and time-consuming litigation.

I trust this has been helpful, but feel free to call or e-mail with any questions.

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Answered on 7/03/01, 9:38 am


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