Legal Question in Family Law in Massachusetts

I bought a house with my boyfriend 2 years ago. we have been together for 10 years but only lived together for those 2. we, as of today, are no longer together. he told me that he was keeping the house, he makes twice as much as me, and to move out my stuff. do i have any legal rights? we live in ma. does he have to buy me out or sell it so i can recoup my down payment and get my name of the mortgage?


Asked on 12/28/11, 2:07 pm

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Cases like this are extremely common, unfortunately.

If your name is on the deed to the home that you purchased together, he has absolutely no right to ask you to leave. The best course of action would be to negotiate the fair market value and your relative ownership interest in the property, and either (1) buy each other out, or (2) agree to sell the property and split the proceeds. If you cannot agree on either of the above, then you may need to bring a petition for partition in the courts to force the sale of the home and fairly divide the proceeds, if any, between you. All of this assumes that you are not married.

We deal with cases like this routinely, and I would be happy to discuss your rights and options with you. We can often be retained on cases like this on an hourly fee basis, a deferred fee basis, or a contingent fee basis. Give us a call to discuss your options.

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Answered on 12/28/11, 2:17 pm

I have dealt with cases like this many times. If your name is on the deed he has no right to tell you to move out. The choices are he can buy you out or you and he can sell the property. If you are both on the mortgage he should have to get your name removed from the mortgage or refinance in his own name.

If you cannot agree on buy-out terms you can file a Petition for Partition and force the sale.

Please feel free to contact me to discuss your options.

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Answered on 12/28/11, 5:44 pm


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