Legal Question in Real Estate Law in Massachusetts

Looking for answers on my investment

I bought a 2 family in 1999, 128.000$ sole owner of the property and sole name on the quickclaim deed, was with the same woman 12 yrs ,she never worked i have never been married-refinanced the house and put her initials on the mortgage---now she's married and is trying to get have the equity of my house---does she have legal rights to my house at all?--if so or not what should i do-----thanks sincerly RICHARD MCWILLIAMS


Asked on 9/21/04, 3:39 pm

2 Answers from Attorneys

Re: Looking for answers on my investment

Your description of the transactions is a little confusing. Did she sign the mortgage or the note? Is her name on the Mortgage?

What do you mean by initials on a Mortgage? If you never said or promised that she was entitled to a participation in the property then she should not be able to obtain any of the property. If however, when you purchased the property you told her if she helped you manage the property she would be your partner she may have a claim as a constructive trust.

In addition, she may be asserting a claim as your co-habitant for 12 years. This is a divorce like claim and not a real estate one. I suggest you go see an attorney with all the documents and facts as soon as you can.

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Answered on 9/22/04, 8:25 am
Joseph Murray Joseph M. Murray, Esq.

Re: Looking for answers on my investment

Unless her name is on the deed, she should have no claim to legal title in the property.

Sha may be claiming an equitable interest based either on a claim that you promised her some kind of partnership interest depending upon what you mean by her initials are on the mortgage, or based on a "palimony" type of claim. Take all documents to an attorney who can better assess the situation with you more specifically. Good Luck! [email protected]

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Answered on 9/22/04, 11:18 am


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