Legal Question in Real Estate Law in Massachusetts

2 peoples name on a deed but only one paid-splitting up

I bought a house with my now ex-boyfriend (never married) I paid ALL the bills and downpayment. Now that we have split, he wants half the equity plus half of any appreciation. His name is on the deed and he was supposed to pay half but never had any money. Is he entitled to half of the money for a buy out or can I say that he first owes me back money that was never contributed? One person I spoke to says that since his name is on the deed, It doesn't matter where the money came from. We did not have a joint checking account and I have every receipt showing the money came from my account.

Thanks In Advance,

Jennifer


Asked on 10/07/04, 7:04 pm

3 Answers from Attorneys

Re: 2 peoples name on a deed but only one paid-splitting up

Hi, Jennifer:

Assuming you are Tenants in Common on the deed, he is entitled technically to half the value less any payments you made. You should take the receipts and the deed and any other documents related to your relationship and terms to an attorney. At that stage the attorney can try to work out an agreement between the two of you, or file a petition to partition the property.

Feel free to contact me without obligation.

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Answered on 10/09/04, 2:08 pm
Joseph Murray Joseph M. Murray, Esq.

Re: 2 peoples name on a deed but only one paid-splitting up

Take the deed and your receipts to an attorney who well may be able to file a Petition to partition the land to have the Court determine the equitable interest of the parties.

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Answered on 10/08/04, 11:53 am
Len Foy NH Residential Title & Escrow

Re: 2 peoples name on a deed but only one paid-splitting up

Hi Jennifer -

I would have advised you AGAINST adding his name to the deed, especially if he hadn't contributed towards the down payment or mortgage payments or expenses, but his name is on the deed so now you're in a pickle.

The answer or solution to this problem doesn't really lend itself to a quick or brief reply, I will say that it's a matter of being well-represented and negotiating effectively.

If you'd like to sit down and discuss this problem more thoroughly, and look at possible solutions and strategies, I can offer you a free initial consultation. My name is Len Foy and I'm an experienced real estate attorney - we have offices in Methuen, Mass. and Londonderry, NH - I'm licensed to practice in both states. Feel free to call my office at (603) 434-9910 and ask for me, or send me an email, and we'll take a look at it.

Regards and Good Luck!

Len Foy

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Answered on 10/07/04, 7:50 pm


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