Legal Question in Real Estate Law in Massachusetts

The real question is what you want to do about co-ownership. If there is a mortgage are you both paying it or just you. If there is no mortgage, who pays the taxes and insurance.

You have the further problem of what happens when he wants to sell. You certainly can have an attorney send a letter regarding contact and repairs. However, what happens if he wants to sell the property and you do not want to do so.

Can you afford to maintain the property yourself?

Likewise, what happens if you want to take a roommate to help pay the mortgage, do you have his consent.

I think what you need is to consider what you want out of the home and the terms regarding same. For instance, can you qualify to refinance the home without him as co-signer.

A letter from an attorney may open discussions, but you need to be prepared for a variety of reactions.

If you want to discuss this further you can contact me Tuesday afternoon.

Thank you for your question, and I'm sorry to hear about your situation.

What you should do next really depends on a number of factors. The answer to the following questions would be extremely helpful in obtaining sounds legal advice.

1. How do you own the property together (tenants in common or joint tenants)?

2. Is there a loan and mortgage? Who is liable?

3. How much is remaining on the loan?

4. How much did you each contribute toward the purchase of the property?

5. How much is the property worth?

6. Do you wish to continue to own the property? To live there?

7. Who is currently paying all taxes, insurance, etc. (I imagine you)?

We frequently handle real estate matters like this for non-married couples and property owners, and I would be happy to speak with you and explain your options.

A few things to keep in mind:

1. If the parties agree, he can buy you out.

2. If the parties agree, you can buy him out.

3. If the parties agree, you can sell the property.

4. Someday, you will need his permission to sell the property, refinance the property, etc, and, depending on form of ownership, you may find yourself owning the property together with his heirs in the event that he passes.

5. If he will not cooperate, you can bring a partition action in court, where you essentially ask the court to force the sale of the property and to equitably divide the proceeds. You may have an opportunity to purchase or refinance the house into your own name at that time.

6. You should deal with this as soon as you can, because it will only get more difficult to locate him and get his cooperation. You may find yourself in 5 years needing his signature to apply for a solar power grant, or refinance, or legally deal with a tenant, etc.