Legal Question in Real Estate Law in Massachusetts
Home Equity
After two unmarried people sell a home how is the equity split? I bought and sold a home with a girlfriend when I was very young and naive. I waited three years before purchasing my next home but I found out my ex bought a house the same week we sold. Can she use all of the equity from the previous home for this new purchase without my knowledge or consent?
3 Answers from Attorneys
Re: Home Equity
I am confused.
When you sold the house, how were the proceeds split?
Re: Home Equity
Retain an attorney to advise about this. good Luck!
Re: Home Equity
Your question depends upon the intent of the parties. Usually there is a difference in the down payment and/or mortgage contributions. Did the party making the superior contribution intend to make a gift or was there an expectation that ownership would be based upon the percentage paid in e.g. 70/30, 60/40 etc. If the deed specifies an ownership as anything other than 50/50, then the deed may control the division of the assets.