Legal Question in Real Estate Law in Massachusetts

Hello,

I, my older sister and two brothers have a covenant to declare all of us are co-owners of the apartment (3 floors) with 3 witnesses signed on this covenant, but that treaty did not have a notary. They promised me when the house was fully paid off mortgage, they will add me to exist deed but after the mortgage was paid off, my sister and brothers do not want to add me to the deed. They told me that will not recognize a legal contract to me because it's not notarized. I told them, if they do not add my name in the deed, I will sue them to court. So the oldest brother just told me that he agreed to go to lawyer to sign the treaty to agree give me all his amount of money from selling this apartment in the future. His wife and his children are not allowed to get any amount of money from selling this house. When we bought this house all of them are single, right now, my brothers have wife and children. Oldest brother promised with me no one can fire me out of this house. I can live alone on one floor during my life. I told this problem to my friend, she told me: "Do not believe this promise, if in the future, my brother or his wife or his children make a deal secret private, and told me that the house is gone for debt, I will lose the house". She told me need to go lawyer with three of them to add my name on exist deed not covenant to get money from oldest brother on selling house. She give me advice:" If they do not want to add me to their exist deed, I need to sue them to court in order to protect my benefit. It is up to me. I confuse and do not how to do because just only one brother agrees to go lawyer to sign the deed. Can you give me advice how to implement that protects my rights. If I agree to sign contracts with only my oldest brother from take all his money from the sale of house is guaranteed in the future I will get or will lose all. Is the treaty only between me and my oldest brother will recognize a legal contract or not? Or I need to sue them to court to require add my name on their exist deed as my friend have advice me. Please help me. Thanks for your help. Grace


Asked on 3/29/11, 3:45 pm

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

You should speak with an attorney and see if you can enforce the agreement that you and youb siblings all signed. A notary would be nice, but the agreement may still be valid even without one. In order to make a valid transfer (to add you as an owner), all of the owners of the home will need to sign the deed granting you ownership.

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Answered on 3/29/11, 3:58 pm


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