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My GF and I bought a house together. She sold her house I…

My GF and I...

My GF and I bought a house together. She sold her house I sold mine. We used her money to buy the new house and my money to do repairs and pay some bills. She wants to break up but she wants the entire house.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No

Lawyer's Assistant: Where is the house located?

Quakertown pa

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Answered in 5 minutes by:
3/23/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,264
Experience: 30 years experience representing clients.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

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The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

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Customer reply replied 28 days ago
Hello
Customer reply replied 28 days ago
Is this working??

How is the property titled?

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Customer reply replied 28 days ago
Both names. Some proprietary to the survivor
Customer reply replied 28 days ago
Soul proprietary

Thank you for the additional information.

She is not legally entitled to the entire house.

If the property is titled to both of you then you are both entitled to the pro rata interest described in the deed. That would include the proceeds of any sale.

If you can not agree on the disposition of the property then you may need to file in court for an order of partition.

If real property is owned concurrently by two or more persons then any of the interested parties may bring an action to "partition" the property which, effectively, requests the court to physically divide or, alternatively, order the sale of the property and division of the proceeds. The action is called a Partition Action and for people with concurrent interests (currently existing) who have not "waived" the right to partition, this remedy is an absolute right. The demand for partition must be granted by the Court to such plaintiffs -- although the details of the order can vary widely. The "order" for the sale is typically an Interlocutory Judgment of Partition by Sale, either issued soon after the lawsuit is filed but sometimes not until all of the financial and legal issues are resolved.

Partition actions must be filed in the county where the property is located. Any person with an existing or future interest in the property may bring the action.

This is an equitable remedy, which means the litigation is somewhat complex. While not proceeding pro se is not legally required, it is strongly recommended you retain an attorney to move forward.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

MARTINDALE HUBBLE

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 28 days ago
the court would decide how much each party is entitled to?? She put more in to the house but I have been paying more throughout the relationship. The house is paid off there is about $350,000 equity.

Yes, the court, in an action for partition would reconcile the relative contributions of each owner.

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Customer reply replied 28 days ago
there’s no chance that I’d get nothing??

That is pretty unlikely. As they say: Equity abhors a forfeiture.

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Customer reply replied 28 days ago
let’s just say our house is worth $350,000.
She sold her house and made $372,000
I sold my house and made $60,000
She used her money to buy our house for $310,000. Then we used the other money to pay bills, put a kitchen in , hardwood floors, paint, fence etc.
she feels that she should get the entire house.

She is not entitled to the entire house and it is not going to happen.

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Customer reply replied 28 days ago
Ok. I’m looking at wanting 25% of the sale of the home or the appraisal if she would buy me out. Is that fair??

Start by demanding half (your interest in title) and then negotiate from there.

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Customer reply replied 28 days ago
Thank you. You think I’m entitled to half??

That is your title interest. There is no written agreement to the contrary.

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Customer reply replied 28 days ago
Ok. She saying her lawyer is telling her that she can prove that she paid for the house with “her” money so she will get the house and give me $20,000 to leave.

She is free to try.

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Customer reply replied 28 days ago
What if I move out before this is settled? Do I still have entitlement??And she is free to try but chances are??

It is unlikely this is going to trial. Whatever the split ends up being will be a negotiated settlement.

Do not move out until you have an agreement

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Customer reply replied 28 days ago
Lol. This girl is determined and her family has millions. I just want my fair share. I think 25% is good. I’m a little scared

You will want to retain your own attorney for the negotiation. Do not go up agaonst her attorney on your own.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

Ask Your Own Legal Question
Customer reply replied 28 days ago
Thank you!!

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you for using JA.

Loren

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,264
Experience: 30 years experience representing clients.
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