Ex(never married) trying to sue me for realestate

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Ex(never married) trying to sue me for realestate

My ex & father of my 2 kids is in jail but trying to sue me. The house(I still reside in) its 95% his on the deed and only 5% me on the deed but Im the only mortgage holder. I want it to be sold 50/50 but hes refusing…can anyone help??

Asked on May 11, 2009 under Real Estate Law, Pennsylvania

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I would need more information to help advise you here.  Are you divorced?  How long with the guy?  If you were never married and you have been together for under 10 years, I do not think that you are going to be able to get a 50-50 split.  Why are you on the mortgage?  could he not get a loan?  In any event, The will look at you like real estate co-venturers or partners.  You and he agreed to the percentage split when you bought the house.  I think that you are stuck with that.  When you house is sold, the mortgage will get paid off (hopefully) and you will split the proceeds according to your percentage interests.  Unfortunately, i think you should have sought more of an interest in the property as you took all the risk here.  The loan is secured by the house.  Ultimately, you are liable to the bank. 


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