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I own a house with an ex girlfriend. I'm the mortgage is in…

Good morning, I own...

Good morning, I own a house with an ex girlfriend. I'm the mortgage is in my name, deed is in both. I moved out in late April and we are in a tangle trying to agree on the allocation of assets once we sell the property. Although I am maintaining my part of the mortgage payment, as is she, She is insisting that continue to maintain all other payments for gas/electric etc although I no longer reside in the house. These were all in my name and I do not believe hat I am obligated to pay or continue to maintain utilities for the oropertt when I do not reside there for close to 3 months now. I did pay until the Kate's bills were due this past week. Am I able to cease supporting these utility bills, and what is my legal requirement to continue paying the mortgage if I find myself no longer financially able to?

Lawyer's Assistant: You just pay a $5 deposit now and the rest only when you get a reply from the Real Estate Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.

What is the additional fee after the initial $5?

Lawyer's Assistant: You just pay a $5 deposit now and the rest only when you get a reply from the Real Estate Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.

What does the "rest" equate to?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Pennsylvania specifically Bucks County.

Lawyer's Assistant: Has any paperwork been filed?

Such as?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She has provided me with a joint tenancy agreement which I have not signed since I do not agree with her demands and no paperwork was ever signed when we purchased the residence specifying how any of this would be handled on the backend.

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Answered in 1 minute by:
7/17/2017
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,372
Experience: 30 years of real estate practice experience.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help. I appreciate your patience as I review your question. I will post my response shortly.

Be aware, however, this is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. While I am happy to speak to you, if you wish, I am also happy to continue online. So, there is no pressure to spend extra money. Some people just prefer the speed of a phone call and that the information not be posted on the public forum.

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Have you made any demand for rent (discounted) since she seems to have exclusive possession?

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Customer reply replied 7 months ago
We are continuing to pay the mortgage, we were paying gas/electric I told her that I could no longer support her living in the house and she refused to vacate the premises. She has a settlement date in mid sept on a new house and expects me to continue paying electric/gas and alarm all of which I terminated last week as they were in my name only. I have agreed to a sizable amount to be provided to her upon the selling of this property but she is insistent that I do to it to pay 50% of all utilities while she remains in the property. I don't believe I'm o located to do so, she was unable to turn utilized back on due to a prior balance from over 18 months ago that I was not aware of. She has also threatened to sue me for not paying on utilities I don't use nor have I for 3 months, although I paid an equal share of them since I left I late April up to and including this months bills. She has also threatened to cease paying mortgage if I do not agree to pay the utilities and since she has a new house she's settling on inseot I do. It believe she will be able to maintain her part of the mortgage payment in our residence along with her new house.

Thank you for the additional information.

Unless you agreed otherwise, you have no obligation to pay the utility charges for the home if she has exclusive possession. Additionally, you have the right to demand she pay you rent for your interest if she is in possession of the property, to your exclusion.

The mortgage is a separate obligation, which you are liable for contractually, but not the utilities.

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Customer reply replied 7 months ago
She put the down payment and I have repeatedly stated to her that she will get back her full down payment plus close to $10k thatcher parents contributed for items in the house (which is 100% of the cost of them, thereby she is not paying them 50% of the cost, im bearing 100% of those items in addition we would them sloitball additinal proceeds 50/50. Her goal due to spite is to force me into letting the house go at a price that will only result in her recouping her down plus the $10k and leaving me with little to nothing. I believe the house is worth more than she is pushing for and as I said she is u tilling to market the house for any amount if I do not agree to continue paying part of said utilities.

You can sue for an accounting and 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.

The court has broad equitable powers to protect the interests of all concerned, to prevent waste and to otherwise protect the interests of the owners. In a significant portion of the cases, one of the parties is in possession of the property, whether residing therein in a residential context or operating a business therefrom in a commercial context. There may be issues of fair rental value, payment of the mortgage, insurance, and maintenance expenses, or preservation and distribution of rental receipts. The court may require the parties to contribute funds to the operation of the property, to grant access to the property to various persons including the referee, and to make whatever other arrangements are necessary to preserve the asset and to separate the dispute over the property from the efforts to get it sold.

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:

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

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.

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Customer reply replied 7 months ago
She is refusing to allow the house to get placed on the market unless I agree to her demands to continue paying half of all utilities. This is prolonging the need for us both to pay the mortgage and with her settling in another house in sept I do not believe her intention is to continue supporting any cost of the house past that date. What is my recourse?
Customer reply replied 7 months 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!

Loren

Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,372
Experience: 30 years of real estate practice experience.
Verified
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Category: Real Estate Law
Satisfied Customers: 36,372
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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