Legal Question in Real Estate Law in Massachusetts

Thank you for your question.

No, renting a portion of the residence does not equal abandonment of an ownership interest. If that were the case, all landlords would be at risk of losing their property.

Your ex still owns the entire property together with you and is still responsible for the mortgage, insurance, tax, etc., whether she lives there or not. If you no longer wish to own the property with your ex, you should speak with an attorney. Potential solutions include buying out her ownership interest in the property, selling the property and splitting the proceeds, converting the two family into separate condos for each of you to own, or forcing the sale of the property by filing a partition action in court.

Our office represents folks all over Massachusetts in real estate ownership disputes, and I would be happy to assist if you are looking for counsel.

No. Your ex is still an owner and is responsible on the mortgage. You are renting her half so to speak to a third party and should use that for the Mortgage, taxes and maintenance.

I suggest you keep careful records. Your option is to partition the property, divided it through the courts or buy her out. If you would like assistance with this please feel free to contact me.