Barb's Case

Barb and her husband lived in Delaware County in a nice home. Her husband had just retired and they were comfortable. They were religious people and devoted some of their time to helping others.

One of their friends was Ken, a single father with a teenage daughter. Ken was close to Barb and her husband. Everyone knew that the daughter had a number of problems. Ken and Barb began exploring the notion of finding a bigger house where they could all live together so that Barb might help take care of Ken's daughter.

They found a nice home on the Main Line that seemed to meet their needs. Ken had funds available to make the down payment and go to closing. Everyone agreed to share the monthly bank payments and other expenses. They went to closing and soon were all living under the same roof.

Barb and her husband spent a lot of time fixing the house up and making improvements. Ken hired some workers to do some construction as well. But, after a while, there was a serious parting of the ways and they all began to be very uncomfortable living together. Ken moved out and soon he wanted to resolve the question of the property's ownership and his right to get back some of his money.

The parties were unable to reach agreement and Ken hired a law firm to bring a partition suit in court in order to have a judge decide who was entitled to what. Barb hired Pinnola & Bomstein to assist her in the litigation. There were various claims for credits on both sides, including credit for mortgage payments, taxes, and credit for Barb's long hours taking care of Ken's daughter.

When counsel were not able to resolve the case amicably, the case was tried for two days in court. The attorneys then prepared proposed findings of fact and conclusions of law for the judge to review in order to make a decision. In the end, however, the parties came to a fair agreement and the matter settled with the approval of the judge.

For more information please view our section on Real Estate Litigation.