Legal Question in Real Estate Law in Massachusetts
division of equity
I had a partition on a house I co-owned and now the division of equity comes up. A lot of the major repairs I did were many years ago and I do not have reciepts(I do however have pictures. I also do not have the checks on the mortage from all those yrs ago. My coowner has his and so the difference makes up the proof I paid.What can I do in place of reciepts. Does the bank keep records that long ago and how do I get those? Thank you
1 Answer from Attorneys
Re: division of equity
You can subpoena the bank records. I believe they have to keep them for 7 years (although I am not sure of the years). Other people who witnessed you make or purchase or the repairs may testify as to what you did. In the long run if you both contributed it may be best to just split the proceeds. The court will not assume you paid the other bills that you had no receipts for. It is each parties burden to show who paid what and who made what repairs and what value, if any, such repairs/improvements had on the sale of the house.
Nicole
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