Legal Question in Wills and Trusts in Pennsylvania

Your recourse is not to let this situation ever happen. Owning property jointly with another person to whom you are not married is a recipe for disaster if somebody stops paying.

Just to confirm - the other person is residing in the property - where are you living? Is the property paid for or is it mortgaged? If mortgaged, who is on the mortgage? If you are not living there, who is paying for your share of the taxes, maintenance and insurance?

Assuming that the home is mortgaged and your name is on the mortgage, then you need to keep paying to protect your credit and keep the home from going into foreclosure. If there is no mortgage or your name is not on it, then this is not an issue for you.

You need then to decide what you want to do with the property. If you don't need it to live in, then you need to talk to the other person living there. Does he or she want the property? If not, then consider selling. If so, then he/she needs to buy out the equity value of your share. In figuring out the equity value, you need to include the expenses for the home, less any amounts you have contributed as well as rental value, less any amounts paid. If you want the property, then you buy out the share of the other person.

I would suggest you get a real estate lawyer to help with this. If the other person is unable or unwilling to buy you out or if you make a proposal to buy out the other owner and they refuse, then your only choice is to bring what is called a partition action.

In a partition action, either owner of property can file it. The action asks the court to divide the land. Most land cannot be divided and if that is the case, it will be sold to the highest bidder and the sale proceeds, less costs, will then be divided. If the home is mortgaged, the mortgage will be paid off and any equity divided.