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?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 6 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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption