Legal Question in Real Estate Law in Massachusetts

Hello,

I own a 2 family home w/ my ex girfriend. I am living on 1st fl and up until a few weeks ago, she was living on the 2nd fl w/ a roomate and his son. She (my ex and the other name/owner on the mortgage) has since moved out and the remaining roomate has agreed to pay the entire rental amount for upstairs including what was her (the ex's) portion to me to ensure the mortgage stays current. I will soon have proof/receipts of this. Do I have the opportunity to get my ex off of the mortgage under MA abandonment laws or anything else along those lines, given the current situation?

Thanks in advance,

Brian


Asked on 3/25/13, 5:22 am

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Thank you for your question.

No, renting a portion of the residence does not equal abandonment of an ownership interest. If that were the case, all landlords would be at risk of losing their property.

Your ex still owns the entire property together with you and is still responsible for the mortgage, insurance, tax, etc., whether she lives there or not. If you no longer wish to own the property with your ex, you should speak with an attorney. Potential solutions include buying out her ownership interest in the property, selling the property and splitting the proceeds, converting the two family into separate condos for each of you to own, or forcing the sale of the property by filing a partition action in court.

Our office represents folks all over Massachusetts in real estate ownership disputes, and I would be happy to assist if you are looking for counsel.

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Answered on 3/25/13, 5:34 am

No. Your ex is still an owner and is responsible on the mortgage. You are renting her half so to speak to a third party and should use that for the Mortgage, taxes and maintenance.

I suggest you keep careful records. Your option is to partition the property, divided it through the courts or buy her out. If you would like assistance with this please feel free to contact me.

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Answered on 3/25/13, 6:53 am


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