Legal Question in Real Estate Law in Pennsylvania
Partition-non-married joint tenants
My boyfriend and I lived in a home that was owned by him and his three siblings. In 2000 we bought out the siblings interest in the home, the new deed lists he and I as joint tenants-with rights of survivorship. In 2002 I left the home and the state to return to California. We had a verbal agreement that he would maitain the property as he would enjoy sole use of it for the time being. We have maintained regular contact and I have visited the property 3-4 times. Now I have recieved a demand to convey my interest to him for $1.00, which I refused, subsequently he has filed an equity action for partition, right of contibution and contract implied in law/unjust enrichment. I know I need a lawyer, but isn't a deed a deed, therefore entitling me to one half of the equity in the home, or can the court denymy interest and give him my half along with reimbursement for maintenance and attorneys/court fees ??
1 Answer from Attorneys
Re: Partition-non-married joint tenants
Do not delay in defending the action. His theory sounds like he claims thathe has been duped into being an owner of the property with you. From what you said, part of his payments should be considered "Implied rent". The excess would be an equity contribution that you have not matched. I offer free consultations.