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

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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?

Thanks

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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