Property Rights After Breakup

Summary

In Pennsylvania, a woman may have a strong case for the return of her $55,000 down payment under equitable partition laws, considering the intent and contributions made. The conditional gift theory might be less applicable since they were not engaged at the time of the down payment. With no court orders or agreements yet, consulting a lawyer is advisable to explore this option further.

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In Pennsylvania, a man and woman lived as a couple for 3 years and both expressed an interest in getting married, one year later they purchased a house and the woman made a $*,* down payment on a house they purchased and the deed reflected joint tenants with right of survivorship. They became engaged the next year and then ended the relationship 5 years later. The property they owned will be partitioned. Is the woman entitled to the return of the $*,* down payment money under PA equitable partition laws or under a conditional gift theory despite the fact that the couple was not engaged at the time she paid the downpayment ?
Under Pennsylvania law:
- Equitable Partition: Courts may consider the intent behind the down payment and contributions made by each party.
- Conditional Gift Theory: Since they were not engaged at the time of the down payment, this might be less applicable.
Has the partition process already begun?
yes
Given the circumstances, the woman may have a strong case for the return of her down payment under Pennsylvania's equitable partition laws, considering the intent and contributions made.
Has there been any court orders or agreements made regarding the division of the property so far?
no
Since there have been no court orders or agreements yet, the woman may have a strong case for the return of her down payment under equitable partition laws in PA. It would be advisable to consult with a lawyer to explore this option further.
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