If an unmarried couple breaks up and both are on the mortgage, are the sale proceeds equally split if just one of them paid the mortgage and all taxes?

My partner and I were unmarried and were both on the mortgage. I paid it every month, as well as the taxes. She eventually moved out. We sold our house and at settlement she is saying how she is entitled to 50% of settlement proceeds. Is this correct or since Ive been responsible financially for

house over 2 years, can I claim the entire settlement proceeds?

Asked on October 16, 2017 under Real Estate Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Ok so that is a problem with the check unles you are also on it.  Then you have leverage.  What you want is a set off against the proceeds of sale for the amount you paid and she did not.  If she can not cash it without your signature then let her know you will wait this out and it is best she negotiates and if she forges your signature you are going to police.   You may need to get a lawyer involed to write a strong letter.  Good luck. 


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