Legal Question in Real Estate Law in Massachusetts

I have lived with my partner for 4 yrs-we are not married. She cashed in her retirement, stocks, etc and invested about $200K into my house, with the plan to be put on the mortgage as 1/2 owner. She is also disabled, and I have been her caretaker, and doing the physical things of our relationship, as well as physical chores of her former 3-family rental. Our relationship is not so solid anymore, and I don't want her on my mortgage. Can she sue me for the $200K? The renovations were her idea, especially as she claims she 'rescued' me from foreclosure. I tried to minimize her spending, but she insisted on doing things 'right'. She has also enjoyed the fruits of the renovations, so does she have a legal leg to stand on?


Asked on 9/14/09, 5:08 pm

4 Answers from Attorneys

Yes, she can sue you for the $200K and/or 50% of the net asset value of the real estate.

I would suggest you enter into a formal agreement which reflects some kind of agreement between the two of you which you can handle in the event of a break-up.

The use of funds was clearly not intended as a gift, and by your question was an agreement to become half owner of the home. Please feel free to contact me if you have more questions.

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Answered on 9/19/09, 5:17 pm
Warren Wood Law Offices of Warren Wood

Not only can she sue you, she probably will. Arguably (and her lawyers will argue this) she does. She may have a number of causes and claims she may bring against you. You may wish to avail yourself of the benefits of homesteading this property. See the Register of Deeds web site for more details. Good Luck.

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Answered on 9/19/09, 5:20 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

There are two issues: moral and legal.

Morally, to tell someone who invested money that it was her idea, is not where you want to go.

There are several key points. Is she on the deed.

If she does, then she has a interest in the property.

If she does not, then she can sue you, and probably get an interest in the property.

One would need more information, but it is my view that she may not only gave one legal leg, but two.

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Answered on 9/19/09, 5:20 pm

This is not an uncommon scenario and simply, the judges have heard it before. You could try and claim the 200K in renovations were a "gift" but no jury is likely to believe this.

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Answered on 9/19/09, 5:49 pm


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