Legal Question in Family Law in Massachusetts

Re: Child Custody and Real Estate

There is nothing in law to prevent you from selling the property ("you" meaning you, your girlfriend and her mother) and dividing the net proceeds, nor from having joint legal and physical custody of your child.

It is not clear if you intend to get approval from a court for the custody arrangement, which would also require some provision for child support (which under the child support guidelines in joint physical custody cases can be pretty open and flexible), but I would highly recommend it, to avoid future problems. Joint physical custody is difficult if you and your girlfriend will be living some distance apart, and more so if the child is of school age.

Re: Child Custody and Real Estate

This is more complex than can be answered here. To protect yourself and and your child GET A LAWYER RIGHT AWAY>

Re: Child Custody and Real Estate

You are not only going to need her and her

mother to agree to the sale of the house, you are going to need their signatures.

Be sure to make a list of all your expenditures.

The payments for the mortgage, real-estate taxes,

utilities are the important ones.

And save your cancelled checks and money-order and/or bank-check receipts.

Who contributed to the down payment? Her mother? I am assuming that is why her name is on the deed.

After only two years, there would be no more equity in the house than the down payment.

You can expect a fight over the custody of the child.

Best of luck,

Barbara