Legal Question in Family Law in Massachusetts
I have been living with my fiance for 10 yrs ,we bought a house together 7yrs ago,in which i pay half the mortgage,my name is on the house,also i put 10,0000. down ,Well things are not working out bbetween his drinking and his son who is in jail right now for unarmed robbery,the son also has drug issues ,i don't see a future of happiness down the line,and want out of this,what are my options? thank you
2 Answers from Attorneys
I'm sorry to hear that things are not working out.
To answer your question in general tersms, your options are as follows:
(1) offer to purchase your fiance's share of the home's value and refinance in his name only;
(2) offer to sell your share of the home's value and refinance in your name only;
(3) agree together to sell the property, share all expenses, and split the proceeds;
(4) if he will not cooperate, bring a petition to partition in court and ask the court to order the sale of the property and a divide the proceeds.
Regardless of which alternative you choose, you will want to attempt to recover your initial investment of $10,000.00.
A couple questions to think about. Can either of you afford to "buy out" the interest of the other? Which one of you wants to remain in the home? Which one of you can afford to maintain the home and the mortgage payment? Will your fiance cooperate?
Feel free to contact my office if you would like to schedule an appointment to discuss each of your options with more specificity.
A better answer than Chris cannot be had.
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