Legal Question in Real Estate Law in Massachusetts

I am in in Massachusetts. My fiancé and I moved out of his previous house and his name was on the deed; however, his ex-wife was the sole mortgage borrower on the house. He was able to legally make payments on the house. Part of his and her divorce agreement on the decision about how to handle the house was that the wife was going to let the house go into foreclosure. She did not want to sell the house, and that was her preferred way of handling the house/assets. This divorce agreement was signed by a judge in MA. He continued to live in the house for about 2 years post divorce by making some payments on the house prior to me moving in. He had explained the situation to me and that he had been planning on moving out and purchasing a home, and that the house would eventually go into foreclosure. I moved in and resided there for 8 months before we got the foreclosure notice and that we would need to vacate. He found out about possible 'cash for keys', and about the fact that the house would have to be left completely empty and in move in condition. We left the house as specified to meet the requirements. I assisted in moving items out of the house and making it empty. My question is: because I was an occupant of the house, am I legally entitled to part of the amount that was given for 'cash for keys'? I ask because I was given no part of the sum of money he received, and the exact amount was not disclosed to me, although he said he thinks it was around $6000.

Asked on 12/12/17, 7:50 pm

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

You are entitled to whatever you are able to negotiate for yourself. If you were not a party to discussions and moved out voluntarily, I don't see how you would now be entitled to anything. If you are still in possession of the property, that may change the answer.

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Answered on 2/14/18, 9:00 am

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