Legal Question in Real Estate Law in Massachusetts
Dividing realestate
My girlfriend and I purchased a home four yrs ago. She now wants to split up. When she sold her old house previous to our relationship she had $90,000.00 in equity. $25,000.00 was used as a down payment for our new house. The other $70,000.00 was used for vacations, frivolous spending, vacations,dining out,toys,clothes,for her and her 4 kids, etc. We are now selling the house we purchased together and there is approx. $100,000.00 of equity. She is telling me that she came into the relationship with $90,000.00 and she should leave with $90,000.00. Both names are on the loan and all the utility bills are in my name. If we cannot agree on how to split the funds and we wind up going to Court, what is the likelyhood that she would receive more than a 50/50 split.
1 Answer from Attorneys
Re: Dividing realestate
Unless there is a written agreement to the contrary, the equity in the home would be split 50-50. She might be able to recover some funds from you if she can demonstrate that there was some kind of an agreement that you would reimburse her for certain monies spent.
A partition action, which is what you would wind up with here, is an action in equity and the courts may determine the equities in such a case as this. If she put down all the money on the house, the court might be (but certainly would not be obligated to agree) that she is entitled to her $25,000 back and then 50-50 split. However, she would have to demonstrate that there was some agreement in so doing. In making this statement, I am assuming you both paid the mortgage, taxes and insurance. If not there could be further allocations.
Please feel free to contact me without obligation if you have more questions.
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