Legal Question in Real Estate Law in Massachusetts
home ownwership
I purchased a home with my boyfriend in 2000. He left me in June 2006. He his a drug addict and has not given me a single penny towards the mortgage, taxes, ins, etc. He also recently got married to a drug user he knew for a week. Is there a way to have him removed from the deed. Is there a timeline for abandoning the house where he would lose all rights to ownwership. He just had his truck repoed after 6 months of never making a payment. I also have a restraining order on him. I tried to contact him about is intentions and he stated he would burn the house down with me in it. He is an unstable person and I want him out of my life. Help
3 Answers from Attorneys
Re: home ownwership
Contact me to discuss teh specifics of your case. Your ex-boyfriend will not lose his rights if he is on the deed, but we can petition to have him removed/force a sale, so that you could refinance it in your name alone.
Re: home ownwership
I agree with Ray.
To the extent that his name is on the deed, he retains a share in the ownership. Your only solutions are either to establish a constructive trust or to file an action for partition.
Re: home ownwership
There are a few additional questions which would need to be answered, including whether he contributed anything to the down payment, and what understanding you had at the time of purchase.
The first concern would be for your personal safety. You need to think about whether this would be the right time to do it, what the consequences would be if you delayed, versus what would happen if you acted now, etcetera.
If he has no equity in the property, he might be better off financially to get off of the note and mortgage when you refinance, and the two of you execute a deed to yourself.
There is no specific timeline on abandoning property. However, he does owe an obligation to contribute to expenses, so down the road, those amounts would offset some portion of any increase in the value of the property, if any.
You should probably contact someone with experience in family law and real estate. Your personal safety needs to be factored into any of the legal options.