Legal Question in Real Estate Law in Pennsylvania
Effects of one property owner's bankruptcy upon the other partner's share
I purchased a parcel of land in the poconos, PA. with a partner, 15+ years ago. At the time, we lived together. We have not lived together for 9+ years. I have requested upon several occassions, that we sell the property...requests were denied. Now, however, I understand (via mutual acquaintances)my x-partner is filing for bankruptcy. A few months ago, the x-partner sent me a realtor's contract to sign to sell the parcel of land. I refused to sign because there were some discrepencies, errors, and missing information regarding the x-partner...mainly financial info., lien info., whether or not the x-partner ever used the PA. property as collateral to purchase a home. I recently went to Mt. pocono, PA. and got a copy of the deed.
As an aside, I have found out the x-partner has been stealing my identity to open credit card accounts, etc... of which I have notified proper authorities.
Q: How can I protect myself and the PA. property from the x-partner's bankruptcy situation? I would like to sell the property, but, I want to make sure I am not penalized somehow for the actions of the x-partner.
1 Answer from Attorneys
Re: Effects of one property owner's bankruptcy upon the other partner's share
The issues that you raise are too complex to fully answer in this forum. The best advice I can give you is to consult an attorney. As long as you are in title you are entitled to a one half share of the real estate. However, the bankruptcy and a claim for fraudulent use of your name in obtaining credit cards complicate the issue. If I can assist you please call. Gerald Hershenson Esq. 215-579-9390