Who Gets the House After Our Break-up?

When you live with someone but are not married, this can create a host of legal issues, particularly when one moves out after a break-up. Who gets the house? If one person owned the house and the other simply lived there, and if that person made improvements to the house while living there, is he or she entitled to payment for any of those improvements? What happens if the two of them purchased a home together, but one person paid all the bills for the house? Does that person have a claim to reimbursement for payment of those bills?

First, under Pennsylvania law, unmarried cohabitants have no property rights in one another’s property simply because they live together. Even if you lived with someone for thirty or forty years, you have no legal right to what is essentially a divorce settlement upon separation. Neither party is required to pay spousal support, alimony, or anything of the kind (child support is a separate issue). However, if you purchased a home together, the two of you do have a right to share in the proceeds of the home once it is sold. In most cases, we are able to help the parties negotiate a resolution where one side buys out the other’s interest in the property. This can be a little complicated, especially when the market is very high or very low. The parties have to reach an agreement on what is the fair market value of the property. If they cannot agree, then one party can go to court and ask for what is called a partition. We have covered partitions in other articles, but this is when the property is sold and the money divided between the two.

What happens if only one person owns the property, but the other person has made improvements? In most cases, this will be difficult to prove because the party will have to show that the improvements increased the market value of the property. Claiming that the improvement made the kitchen look nicer, the floors look better, or that it was some other type of cosmetic change is insufficient. Most types of improvements that people discuss making are cosmetic in nature. Even an improvement with a clear function like a deck fits into this category. To prove that these improvements increase the market value of a property is always difficult.

If you are going through a break-up and you feel that you need legal help, our attorneys have experience in this area and can assist you. Call us today and set up an appointment so we can discuss your rights in the property and how to make it a clean break.