PA domestic issues?
April 13, 2009 3:47 AM Subscribe
Please help me understand or direct me to PA laws regarding joint home ownership by unmarried couples considering seperation (more inside).
My daughter and her significant-other built a home in the Pocono region of Pennsylvania just a little more than a year ago and now the relationship has gone sour. My questions deal with the rights of each where he leaves but she stays on and continues to pay the mortgage without refinancing and/or deleting his name from the deed.
I have searched for PA laws, but find mostly legal ads. Can someone guide me to sites or give me insight regarding the issues of the rights of each? Specifically, may he have full access to the home as long as he is on the deed? Can she deny him access? Is there a seperation agreement of sorts she may acquire as they are not married?
Please note I'll not be able to monitor this but will check back in a day or so. Thanks for any and all help.
My daughter and her significant-other built a home in the Pocono region of Pennsylvania just a little more than a year ago and now the relationship has gone sour. My questions deal with the rights of each where he leaves but she stays on and continues to pay the mortgage without refinancing and/or deleting his name from the deed.
I have searched for PA laws, but find mostly legal ads. Can someone guide me to sites or give me insight regarding the issues of the rights of each? Specifically, may he have full access to the home as long as he is on the deed? Can she deny him access? Is there a seperation agreement of sorts she may acquire as they are not married?
Please note I'll not be able to monitor this but will check back in a day or so. Thanks for any and all help.
He owns the home just as much as she does. Getting that worked out is going to be a real bitch.
Unfortunately, this is one of those cases where "If you're good at something, never do it for free." To answer your question with any real detail would require sophisticated knowledge of Pennsylvania statutory and case law and the ability to apply it to the specific facts of your situation--which you have not revealed and should not reveal here. This will take a decent amount of work, and lawyers aren't generally in the business of charity.
So for an issue this well-developed, you can only get unqualified advice on AskMe, because the only people qualified to give real legal advice--which is what you're asking for--won't do it for free. You aren't asking whether this is something you need a lawyer for. You're asking a question that you can really only ask of a lawyer.
Ergo: get a lawyer.
posted by valkyryn at 5:41 AM on April 13, 2009
Unfortunately, this is one of those cases where "If you're good at something, never do it for free." To answer your question with any real detail would require sophisticated knowledge of Pennsylvania statutory and case law and the ability to apply it to the specific facts of your situation--which you have not revealed and should not reveal here. This will take a decent amount of work, and lawyers aren't generally in the business of charity.
So for an issue this well-developed, you can only get unqualified advice on AskMe, because the only people qualified to give real legal advice--which is what you're asking for--won't do it for free. You aren't asking whether this is something you need a lawyer for. You're asking a question that you can really only ask of a lawyer.
Ergo: get a lawyer.
posted by valkyryn at 5:41 AM on April 13, 2009
As a lawyer, I agree with valkyryn. The question is too complex to be answered by anyone other than a qualified PA practitioner.
posted by Ironmouth at 5:48 AM on April 13, 2009
posted by Ironmouth at 5:48 AM on April 13, 2009
Short answer: House will be split 50/50, he can request she buy him out or sell if she can't afford.
Long answer: Lawyer, don't do this again kids.
posted by unixrat at 6:46 AM on April 13, 2009
Long answer: Lawyer, don't do this again kids.
posted by unixrat at 6:46 AM on April 13, 2009
Even the "short answer" isn't necessarily accurate if she's paid more of the mortgage than he has. The final outcome is also dependent upon whether there was other comingling of assets and whether they held themselves out as being married or the equivalent.
All of which to say the only answer here is, again, "Get a lawyer."
The takeaway for those reading this should be "Unless you're married or in business together, don't buy property together."
posted by valkyryn at 9:22 AM on April 13, 2009
All of which to say the only answer here is, again, "Get a lawyer."
The takeaway for those reading this should be "Unless you're married or in business together, don't buy property together."
posted by valkyryn at 9:22 AM on April 13, 2009
Response by poster: Thanks for all the advice, and yes, I realize a lawyer is necessary, but hoped to possibly be directed to links I could do research at. I'm usually good at finding such links, but here I've had no luck. Perhaps they do not exist? Anyway, thanks again all. Peace.
posted by LouReedsSon at 3:32 AM on April 14, 2009
posted by LouReedsSon at 3:32 AM on April 14, 2009
This thread is closed to new comments.
posted by miss tea at 5:00 AM on April 13, 2009