PFA & House Question

[byrd42]

What is the name of your state? PA

I currently have a PFA and have possession of the house. Plaintiff is trying to make me sell it because he can't pay his half of the Mortgage. Bummer!! Anway, my question is, can he try to Petition to Partition while the PFA is in effect?

Thanks

 

[LdiJ]

What is the name of your state? PA

I currently have a PFA and have possession of the house. Plaintiff is trying to make me sell it because he can't pay his half of the Mortgage. Bummer!! Anway, my question is, can he try to Petition to Partition while the PFA is in effect?

Thanks

Sure he can. However, if you are in possession of the house, why are you expecting him to pay half of the mortgage? Did a judge order that?

 

[byrd42]

It is not on the order other than he is evicted and I have sole possession until 3/2007. We both are on the mortgage and the title, but not married. If he is on the mortgage, isn't he still responsible to pay half? Suggestions?

 

[Zephyr]

It is not on the order other than he is evicted and I have sole possession until 3/2007. We both are on the mortgage and the title, but not married. If he is on the mortgage, isn't he still responsible to pay half? Suggestions?

ummm..you live there, you pay the mortgage- why not buy him out?

 

[byrd42]

Several situtations with the buyout. The prices of the houses went up about $150,000 since it was bought four years ago. Interest rates are no lower than the current mtg. I probably could if I get approved, but looking at about $300 to $400 more a month. Second issue is he is selfish and says he won't let me because it would bother him to pick up his daughter from the house he used to own. Tough s***. I am trying to get him to allow me to deduct his lack of payments from the final buyout amount. Houses in our area are going for about $300,000. We only owe $127,000. Buyout may be too much for me to refinance.

 

[LdiJ]

Several situtations with the buyout. The prices of the houses went up about $150,000 since it was bought four years ago. Interest rates are no lower than the current mtg. I probably could if I get approved, but looking at about $300 to $400 more a month. Second issue is he is selfish and says he won't let me because it would bother him to pick up his daughter from the house he used to own. Tough s***. I am trying to get him to allow me to deduct his lack of payments from the final buyout amount. Houses in our area are going for about $300,000. We only owe $127,000. Buyout may be too much for me to refinance.

It honestly might be wiser to sell the home and split the proceeds....particularly if you can't really afford the home (after refinancing for enough to buy him out)

That would allow you to start over in a more affordable home.