Legal Question in Real Estate Law in Massachusetts

Deed and JTWROS

An unmarried couple purchased a home and share their names on the deed and are JTWROS, and share a mortgage on same.

The female put down a heafty down payment. The female is terminating the relationship. The male has contributed financially and otherwise for over 10 years and the realestate market has increased the value of the home.

Is the fact that the deed contains both names as well as JTWROS status indicate this couple will automatically divide evenly upon separation? Is female entitled to recover her down payment prior to any subsequent divisions?

I (male) am assuming its a split down the middle. Should I be making moves to protect my 'interest' ?


Asked on 4/19/05, 10:52 am

1 Answer from Attorneys
Len Foy NH Residential Title & Escrow

Re: Deed and JTWROS

Hi & Thanks for Writing -

I've been involved with a number of cases like yours, my name is Len Foy and I'm an attorney with the Law Offices of Gould & Gould, we have offices in Methuen Mass and Londonderry NH - I can offer you a free consultation if you feel that you may need legal representation.

An even split of equity is the optimal result, although under certain circumstances deposits are returned to the party making the initial deposit or down payment on the property.

Our # at Gould & Gould is (603) 434-3437.

Regards & Good Luck -

Leonard W. Foy III, ESQ.

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Answered on 4/19/05, 11:46 am


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