Legal Question in Real Estate Law in Massachusetts

Re: Divorce question on house property

This will be something which is addressed during divorce proceedings in the Separation Agreement and any related court order. You'll each have your opportunity to argue your respective position. Realistically, you should either contact a divorce attorney, or if it truly is an amicable divorce, the two of you should find a divorce mediator (preferrably a licensed attorney familiar with divorce, real estate, and tax law).

If someone contributes to improvements, there is an argument that they should share in the increase in value of the property, albeit an argument can also be made that they should be contributing to upkeep or be charged with some implied rent. It can certainly be sorted out. Once a determination is made, there are a variety of possible ways to pull value out of the property, including waiting until it is sold, paying a little bit a month, taking out a home equity line, or waiting until the property is refinanced. If the circumstances permit, it is conceivable that a portion of the property could be rented out and that income used to retire any outstanding obligation.

Good luck in a difficult situation.

Re: Divorce question on house property

If you are heading toward divorce, you will need to take steps to protect your financial situation. Home equity is a marital asset and the issue will have to be addressed in the divorce... how and when are matters to be resolved. Contact my office if you would like to dicuss the details of your particular case.