QUESTION

What needs to be proven for abandonment of property?

Asked on Nov 17th, 2014 on Real Estate - Pennsylvania
More details to this question:
My ex and I have a house for six years. I would like to sell. He will not. He has not paid towards the mortgage since January (one payment) and hardly paid anything before that. I've been paying EVERYTHING. He comes and goes as he pleases, been in jail three times for months, and refuses to sell house. He is currently incarcerated again and I want to get out while he is in there. Does he need to be present for the sale? Can I prove abandonment?
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1 ANSWER

Business Law Attorney serving Pittsburgh, PA at Fiffik Law Group, P.C.
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I am presuming that if you owned the home as a married couple, that your divorce proceeding did not address the division of this property since you are asking this question.  If you aren't certain of that, you should check your divorce decree to see if it speaks to the issue of maintaining and dividing this house. Assuming the house was not addressed in your divorce, you are entitled to seek partition of the house.  It will likely be sold to either one of you or an outsider, with the net proceeds of the sale (if any) divided between the two of you.  Before you seek partition, you may want to see if the house can be sold for a profit so that you don't have to bring any money to the closing.  Assuming it is sold and there are net proceeds, the court will take into consideration any agreements you have about maintaining the property or your respective contributions to maintaining the house and paying the expenses.  The court can award something other than a 50/50 division of the proceeds. Your ex being in jail presents a lot of practical problems.  It's not impossible to pursue partition, just very difficult with the other person being in jail. 
Answered on Nov 17th, 2014 at 11:13 AM

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