Lancaster, PA asked in Real Estate Law for Pennsylvania

Q: Can my partner not pay their half of the mortgage and move to another state?

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1 Lawyer Answer
  • Cary, NC
  • Licenced in Pennsylvania

A: You indicate you have a partner. That implies that you are not married. Do you have a partnership agreement? Who is on the deed to the real property? Who is on the mortgage?

If there is a partnership agreement then that would govern any division of property. If there is no agreement then each person gets whatever is his/her.

If you and your partner bought the home together and both of you are on the deed to the home, but only you are on the mortgage, then your partner can leave. Payment of the mortgage will be your problem. You and your partner should discuss transferring the property solely in your name though. If just you are on the mortgage and deed then there is no problem - your partner can leave any time he/she wants.

If your partner is also on the...

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