Legal Question in Real Estate Law in Massachusetts

If you own the home jointly and cannot reach agreement on this critical issue, then you might consider what is known as a petition for partition of real estate. This can be brought in either the Land Court or the Probate Court. Once the petition is filed the judge appoints someone known as a "commissoner" to arrange for the property to be sold. The commissioner typically hires a real estate broker to market the property. In the course of this proceeding, the proceeds from any sale are typically adjusted to reflect the relative contributions that each of you made toward the property, or the relative benefits (e.g. one of you lived there and one didn't) that you received from it. Please feel free to contact me if you wish to discuss the matter in more detail.

You file a Petition to Partition. This means you seek a Court to order the sale of the home. You should have an attorney assist you in doing this.

Please feel free to contact me without obligation.

You essentially have two options:

1. The first is that the home can be refinanced, and you can purchase your ex-girlfriend's ownership interest in the property. This is the cheapest of the two options, but it does presume that you can afford to purchase your ex-girlfriend's interest in the property.

2. The second option would be to file a Petition to Partition, whereby one owner requests that the court order the sale of the property and the proceeds split among the co-owners in an equitable and fair manner. This is a very costly process, and the parties will spend tens of thousands of dollars on attorney fees, court costs, commissioner costs, etc.

If you and your ex-girlfriend would like some assistance in considering your options or coming to some agreement, please feel free to give me a call. 617-357-4898.