Legal Question in Real Estate Law in Massachusetts

Your rights will be dependent upon your settlement agreement. If it says he gets half of the proceeds from the sale, then he gets half the proceeds. If it says half less you payments of principal then you get to deduct your principal payments from the equity before the division. You could offer to buy him out of the house for his portion of the value of the home less 5% or 6% brokerage. So if the house is worth $300K and the mortgage is $200K the brokers commission would be $10K at 5% and his half of the proceeds would be $45,000.

I agree with Attorney Roth. What does your divorce agreement require of the parties? You may want to take it to an attorney for a consultation and determine what your rights are. If your agreement states that you are going to split equity equally upon the sale of the home, you probably want to stop paying 100% of the mortgage! Make an appointment with an attorney to discuss (a) your rights under your divorce agreement/judgment or (b) under the law as a co-owner. Best wishes!