Legal Question in Real Estate Law in Massachusetts

Re: Deed Issuses.

How did your friend get on the deed? What was the reason for her name being placed on the deed?

Absent a reason she should not be deemed an owner of the home, she could file a Petition to Partition and seek half the money from the sale of the property. However, if she was placed on the deed in anticipation of marriage and never removed you can file a Petition to remove her name from the property.

You can not remove her name from the deed without her consent (she has to sign a deed and it has to be recorded) or a court has to order her name removed from the title to the property.

Please feel free to contact me if you have more questions. I strongly suggest you contact an attorney ASAP to get this problem solved.

Re: Deed Issuses.

Either party can file a petition to partition and force the sale of the property and a division of the respective equities therein if the parties can not come to an agreement otherwise to "buy" out the other's interest (whatever that might be) and obtain a deed of that interest from them.

Perhaps you should consider retaining an attorney to negotiate with your friend.

Good Luck!

Re: Deed Issuses.

Thanks for your message. Unfortunately in the absence of an agreement, a partition proceeding is the only vehicle for solving the problem you described. However, the law regarding partition proceedings offers benefits to you. For details visit my blog at www.theneedhamblog.typepad.com/estatedisputes