Legal Question in Real Estate Law in Massachusetts

I have a joint mortgage, after we got the condo about 3 months after we broke up. I still paid on the condo and documented any money I gave her for the condo. Her father gave her a gift letter of 18000. I want my half of the condo. If the condo at the time was 118000 what we owe is 95000, What am I entitled to?


Asked on 7/28/14, 10:51 am

1 Answer from Attorneys

You do not say if you put down any money on the Condo, I am going to assume you put nothing down on the Condo. You do not state that you are both on the deed, but I will assume you both are. You do not indicate that you and she had an agreement in the event something went wrong how the proceeds would be split.

If you can be removed from the Mortgage and the note, or at least are held harmless, then assuming the property is worth $118,000 and the debt is $95,000, then you would be entitled to $2,500. You are also entitled to half of the interest and property tax deductions for the period you paid on the mortgage.

If the property is worth less than you paid for it, then you are entitled to less money. If the property is worth more than $118,000 then you would be entitled to more than $2,500.

The cost of litigation would be more than your interest in the property. However, if your ex is smart she is better-off getting rid of you now and not later.

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Answered on 7/28/14, 11:15 am


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