Legal Question in Real Estate Law in Pennsylvania
my girlfriend and I own a house jointly. she moved out three years ago ive been paying the full mortage since she moved. She now has served papers on me stating she wants her half of the houses value . my question is am I entitled to compensation for her half of the mortgage which I paid since she left
1 Answer from Attorneys
If there was any kind of partnership or co-owners' agreement between you, it would provide a mechanism for dealing with this kind of situation, as well as the partnership interests and responsibilities of each for maintenance, repairs, renovations, etc.
Try to negotiate to buy out her interest or to just share proceeds of an eventual sale with her, if you intend to continue to live in the house. If you can buy out her interest now, you should have a formal settlement with her and get a Deed recorded. Involve a real estate lawyer to make sure that everything is done properly. You will need the mortgagee's written consent if your girlfriend's credit was the basis for the mortgage. This would eliminate your encountering this problem down the road.
If she does not agree, you will eventually have to go to court in what is called a "partition" action. Such an action usually ends with the court ordering the sale, probably using the services of a Realtor. The costs of doing all this will substantially diminish the proceeds, so each of you would receive much less, if there are any proceeds after deducting costs of the sale and possibly also costs of the litigation.
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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