Legal Question in Real Estate Law in Pennsylvania

my ex girlfriend moved out 3 yrs ago her name is on the morgatge and deed to the house. am I entitled for half of the morgatge that I have pd in full since she moved out


Asked on 3/09/14, 2:11 pm

1 Answer from Attorneys

Do you and your ex-girlfriend have some kind of partnership agreement that spells out how things will be divided if you split up?

Is your name on the deed to the house? If not, why are you paying the mortgage?

If you own the property jointly with her and you pay for 100% of the expenses then you have a claim for contribution to the extent that you paid her share. However, if you live there rent free then she also has a claim against you for 1/2 of the rental value.

If your name is not on the deed or mortgage at all, then why are you paying? All you are doing is basically building up her share of the equity in the home. I don't see that you would have any claim to reimbursement.

If the house is in her name solely, why did she move out? Why are you still there? Do you want the house? Can you qualify for a mortgage?

If your name is on the deed, if you can afford to stay there and if you want the home, the proper thing to do would be to come to an agreement whereby you buy out the equity share of your ex-girlfriend. You could then refinance the mortgage into your name. If you are not on the deed at all, your girlfriend would have to be willing to sell the home to you.

If you cannot afford to buy her out, you can force a sale of the home. If you stop paying the mortgage and your name is not on the mortgage, then this will affect her credit. But maybe you don't care about that. However, if she does not start paying the mortgage, the lender will eventually foreclose.

If you and the ex-girlfriend can communicate, you need to sit down and see what should be done with the home. If nothing else, maybe it should be sold and your girlfriend will agree to reimburse you some of the equity for you paying. If she gets nasty, then I would live there as long as you can rent free and save your money to find something else. But I would not be paying the mortgage for her without getting anything in return.

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Answered on 3/17/14, 6:45 pm


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