Legal Question in Family Law in Massachusetts

My ex and I split up almost 12 years ago. We were never married and no court was involved. However, we had bought a house (both names on the deed) and had two children prior to our separation (he currently pays minimal child support). My two children and myself have been in the house and I have had the sole responsibility of the house these past 11 1/2 years (mortgage and repairs). I am looking into buying him out, however, is there any law that states over such a period of time his buyout interest is below 50%. He refuses to help (financially or physically) with any repairs or in any way to "better" the house, I need the equity that is in the house (we've owned it 16 years and have never touched the equity) to perform the necessary upkeep/repairs. If I buy him out at 50% I will then have a 300+K mortgage for another 30 years with no equity to withdraw from. Please help.

Asked on 3/23/10, 9:51 am

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

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You are probably best off negotiating with him and buying out his interest in the property. However, make sure that you are given credit for any improvements to the property. You are well-advised to work out a compromise with him, but failing that, you are free to commence a Partition action in court. You will be asking the court to order the sale of the property and equitably split the proceeds. This process can be very expensive and eat up more equity.

If you want to discuss the matter further, please feel free to contact my office.

Answered on 3/29/10, 6:50 am

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