Legal Question in Real Estate Law in Pennsylvania
My husband, Brandon, co-owns a home with his mother's boyfriend, Rommel. My husband moved out of the home about 4 years ago and lived with me. Rommel has now moved to AZ and there was a verbal agreement (with witnesses) that the home is being left to Brandon and Rommel will not be returning to take the home back. Brandon and I have since then repaired the home. Such as fixing holes in the walls and painting. We have spent a lot of time and money fixing up the home because of the terrible condition it was left in. I have pictures documenting everything we have done and also have kept receipts from purchases to fix it up the home.We have also caught the mortgage payment up to day because of Rommel's lack to pay it on time. Now Rommel is threatening to come back and move in without paying any of the bills or mortgage (basically live off of us for free) until we move out because he wants the house back. Because there was a verbal agreement and we have put so much of our time, energy, and money into the home, is there anyway that we can keep him from entering the property even though his name is on the mortgage?
1 Answer from Attorneys
Whose name is on the mortgage is not as important as whose name is on the deed, and how that relationship is structured. Depending on how the shared ownership is structured, you probably couldn't keep Rommel out of the house, but he could not keep you out either. You also might be entitled to contributions from him for maintenance and upkeep of the property, bills, the repairs you performed and the mortgage payments you made. You should get a lawyer to advise you based on your specific facts. If the past expense and required future contributions qualify, perhaps that could be leveraged into a deal where Rommel either gives up his rights to the property, or agrees to a reasonable fee for a buyout. As long as his name is on the deed you're in for trouble - remember, you couldn't even sell it without him and he'd be entitled to a potion of the proceeds were you to do so.
I'd be happy to speak with you, and if it seems as if you have a substantial likelihood of entitlement to contribution from Rommel, handle your case at an affordable flat-fee basis.
If you would like to discuss your matter further over a free phone consult, please contact me at your convenience.
Regards,
Michael J. Duffy, Esq.
Duffy Law, LLC
1-888-414-5773
www.mduffylaw.com
1500 Market Street
12th Floor, East Tower
Philadelphia, Pennsylvania 19102
52 Berlin Rd.
Suite 3000
Cherry Hill, NJ 08034
Please note: The information provided here is for general informational purposes only and should not be construed as legal advice or legal opinion on specific facts or circumstances. You should consult an experienced attorney concerning your particular factual situation and any specific legal questions you may have. No attorney-client relationship is created merely through the exchange of information via this web site. Michael J. Duffy will not undertake representation of a client without the client first signing a written retainer and representation agreement.
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