My boyfriend opened a partition case against me. We moved in to this house as a couple.

UPDATED: Oct 1, 2022

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My boyfriend opened a partition case against me. We moved in to this house as a couple.

We are both on the deed.

I didnt contribute to the down payment, but payed all house bills including
mortgage payments from the day one.
We still continue paying for the house and split all house bills.

In court, If both parties state that they are willing to buy the house, how do
we have to prove and how soon funds should be available.

If one of the parties cant afford the house, and insists on selling the house
to the third party, can judge still rule in favor of the party that can afford
the house?


Asked on April 16, 2019 under Real Estate Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The judge in a partition case can't order the sale to one party or the other--if one is to buy out the other, they must work that out (and the terms, like price and when payment will be made) voluntarily between themselves. All the court can do is order that the property be put up for sale by third parties.

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 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.

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