Legal Question in Real Estate Law in Massachusetts
My daughter has lived with her fiance in a home they purchased a year and a half ago. The mortgage is in his name, but before investing time and funds in remodeling efforts my husband requested the fiance put my daughter's name on the deed. A year ago the fiance produced a quit claim deed filed in MA with both names on it.
Six months ago he deployed to Saudi Arabia and is returning next month, she cared for the property and his pets the whole time, payed bills,and acted as his LOS. He's notified her he has found another while away. Needless to say the engagement is over. She is moving out before he comes home.
Does she have some claim to value in the property in the state of MA? If so how much and what type of lawyer does she need?
3 Answers from Attorneys
She may? Depends when you say "they" purchased the home-did she use her funds as well? Did she use her funds to help remodel? You can contact the office to discuss more anytime.
She should consult an attorney experienced with dividing property. If there isn't a negotiated resolution, she may have to file a petition to partition where the property would be sold and the equity divided out. This is a costly practice. Many facts go into what the division of equity should be. Feel free to contact me to discuss.
Jim Hall
Her rights will depend on a number of factors including whether or not deed he showed you was recorded. Assuming it was then she will be entitled to reimbursement for the cost of improvements, insurance, interest and taxes she paid on the home and a portion of the profit if there is any. If the deed was not recorded she may still be entitled to something but the claim becomes more complex.
Courts will look to the contribution of each party as well as intent. I suggest your daughter speak to an attorney as soon as possible.
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