Legal Question in Family Law in Massachusetts
domestic relationship
i live with my boyfriend for 13 years, we have owned together 6 rental properties and sold all of them. i own my own home in which i pay all the household bills he does not pay anything there. he owns a 2 family in which he pays for and we together own a 2 family in which he collects money and pays the bills there. all the profits from buying and selling he controls. we go to the closings together we both sign our names on the check but the checks have been deposited into a nbank account with only his name on it. in massachusetts there is no such thing as common law marriage, but i am entitled to any of the money in his accounts even though my name is not on the account. i knew at time the checks were being deposited into his account only, but we are not investing the money anymore, he is not paying any bills in the house we live in together although i mortgage the home alone. i belive that i am entitled to some money and i am not to sure if i am or not because i willingly knew he controlled all the money. I would like him to leave my home and move to his own house and we can split the rental home we own together but i also want half the money in his checking account. Is this possible? Am i entitled?
4 Answers from Attorneys
Re: domestic relationship
There is not sufficient information to answer your question properly.
Assuming you both put money into buying, renting and selling the properties, you were partners in a business venture. From your description it would seem you are entitled to half the money from the sale of the properties, and part of the income, if any, from the properties.
However, I would need a great deal more information to be able to make that conclusion and support it in a court of law.
Amongst the information needed:
1. Did you show a capital gain on the sale of the properties on your tax return?
2. Did you take depreciation on the rental units on your tax return and did you show income or loss from the rental units on your tax return?
3. did you have any agreement in writing?
This is just the start of the questions. This is not a divorce matter, it is a business matter as you are not married, but you were partners in a property enterprise. I have assumed the properties were in both names and the mortgages if any were in both names as well on the rental units. if not, that could be more problematic.
Please feel free to contact me to discuss the matter in more detail without obligation.
Re: domestic relationship
you have a nunber of rights arising from the joint ownership of the rental properties and the proceeds of the slaes of those properties. The fact that you consented to having the funds deposited into your boy friend's account does not cut off your rights to sales proceeds from jointly owned properties.
If you wish to discuss your case in more detail I would be pleased to meet with you.
Re: domestic relationship
You have a case (or cases) in equity to determine the shares you should have in the properties and accounts.
: domestic relationship
You should really sit down with an attorney. It sounds lie your friend may have taken money that legally belongs to you. There should be few reasons why the properties are solely in his name. Future agreements should be done differently.
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