Legal Question in Family Law in Massachusetts
sPERATION WHEN HOUSE IS INVOLVED
My fiance has decided that I may not be the one for her. We have been engaged for 2 years and puchased a house together 1 year ago. She wants to separate and since I would not be able to afford the house on my own nor afford to buy her out, she wants to stay in the house. When we purchased the house together she put the down payment of $30,000 and payed for the kitchen to be completely remodeled. I did all the work though. SHe may have spent the money but I do all the work. I have also paid $1000 a month towards the mortgage a bills.
At this point she thinks I should just walk away from the house because of the amount of money she has investeda nd since she could afford to stay there by herself, she wants to keep the house.
Am I still entitle to 50% of the house since I assumed 50% of the risk when we purchased the house, even though she put the down pyment down???
2 Answers from Attorneys
Re: sPERATION WHEN HOUSE IS INVOLVED
It is not that simple. If you filed a Petition for Partition she would get back her down payment and the money she spent on improvement of the kitchen. You would be entitled to what you contributed in cash and maybe an arguement towards sweat equity although it will be difficult to determine its value. The $1000 per month would be prorated and between the two of you for her contribution to the mortgage as well.
The Court would look at who paid for what and who did what. The real issue is what is the house worth in the current market. If the equity is substantially more than her down payment and money spent on improvements less the mortgage, then you would be entitled to half of the increased value, after some adjustments for Mortgage interest payments to both of you. If the house has no excess equity in today's market after subtracting her down payment and the money she spent on the kitchen, then there is nothing to split.
What may be fairer and easier is for her to pay you half of the reduction in principal on the mortgage (mortgages). This will not be a great deal but it would be something and cheaper than court. You also want her to either refinance or get you removed from the mortgage. There are other ways to deal with this as well.
Please feel free to contact me if you have more questions.
Re: sPERATION WHEN HOUSE IS INVOLVED
In a petition to partition, the house would be sold. The Commissioner appointed by the court would get a 10% fee on the sale of the house. The broker would get his/her 6%. Your fiancee might get a larger share of the remaining equity, because her financial expenditure was higher.
You would be better off seeking a mediated resolution, understanding that you are due at least the quantum meruit value of the services you provided as a contractor.
You are not by any means entitled to 50% by law -- you aren't married, so there is no "equitable division" or alimony right.
Greg Lee
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
