Legal Question in Real Estate Law in Massachusetts

Re: Dividing Assets

YOu need to get an attorney involved. There are various factors involved that need attention.

You really need more protection; you need the ex to refinance. You do not want to be on an existing mortgage.

You can contact me for assistance.

Re: Dividing Assets

It is unclear to me, who owns the property. Assuming both of you do, then there is an issue of the value of the equity as well as the need for refinancing.

I suggest you contact an attorney ASAP.

Please feel free to talk to me without obligation.

Re: Dividing Assets

"Possession is 9/10 of the law?" Not really. Assuming that you are on the deed as well (and if this is not the case, there might be an argument to stay), the property cannot be sold without your consent. If you have signed the promissory note, but you are not on the deed, it gets more complicated. It might help if you both could trust someone, such as an accountant, to go over the numbers with you as far as what is fair and what the tax consequences will be, and then contact an attorney (or an attorney for each of you) to prepare the agreement and deed. This assumes that you are having problems accepting each other's demands for how to determine what you should be paid. On the other hand, if you clearly understand each other's thinking, and neither wants to budge, you each may simply need to "lawyer up."