Legal Question in Real Estate Law in Massachusetts

Dividing equity

My girlfriend and I have been together 4+ yrs.and are now splitting up. We purchased a house 3yrs, 4mo. ago. We were able to get a lower interest rate only putting her on the mortgage because at the time I was unemployed due to 2 back surgeries. I was added to the deed the same day we purchased the house. 6 months later when I went to court for my divorce from a previous relationship. I was told to have my name removed from the deed and the put back on after the divorce. So this is what I did. (Bad advice?) Since then during the last 2 1/2yrs. we have refinanced twice and my name has been on the mortgage and the deed. The last refinance was 6 mo. ago. She is trying to keep all the equity approx 100k by saying her Lawyer is telling her he can make me look shady in court because I put myself on and off the deed. I am on SS now and all my retro money of 25k + 1.8k per mo + 550.00 per wk. that I received from unemployment for 42 wks. Also I took care of her 4 children ages 4-9 while she was working during the past 4 yrs. I completely rebuilt the house working as the sub contractor.Including selling off 2 parcels of land for a total of 140,000.00 which went back into the house. What would a Judge decide the equity split to be?


Asked on 6/06/05, 2:00 am

2 Answers from Attorneys

Len Foy NH Residential Title & Escrow

Re: Dividing equity

Hi and Thanks for Writing -

I think you've made a strong case for dividing the equity equally, there's nothing "shady" about your actions with respect to this property.

If your ex has a lawyer, then you should as well. My name is Len Foy and I handle real estate cases in New Hampshire and Massachusetts. Our office phone number is (603) 434-3437.

Regards and Good Luck -

Leonard Foy ESQ.

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Answered on 6/06/05, 5:34 am

Re: Dividing equity

There is nothing shady about what you did based upon your description. Assuming your contributions are what they are and the deed still has both your names, you would appear to be entitled to half the equity in the home.

I suggest you contact a lawyer ASAP.

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Answered on 6/06/05, 6:39 am


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